NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Can't Maintain Ejectment Action Without Sending Termination Notice

September 28, 2020    

Landlord sued DOB and rent-stabilized building tenants, seeking ejectment of tenants in order to comply with multiple violation notices from DOB. Landlord claimed that, to correct the violations, it needed to remove...

Tenant's Claim That HRA Didn't Provide Protective Services Dismissed

September 28, 2020    

Tenant sued HRA, Adult Protective Services (APS), the Jewish Association for Services for the Aged (JASA), and related entities in an Article 78 court proceeding, claiming that they didn't provide appropriate...

Landlord to Pay City $290,000 to Settle Short-Term Rental Violation

September 28, 2020    

Tenants and the City of New York sued landlord for offering improper short-term rentals at an Upper West Side building. All parties entered into a court-ordered settlement by which landlord agreed to comply with the...

Evicted Tenant with Minor Rent Arrears Must Be Restored to Possession

September 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant later asked to be restored to possession. The court ruled for tenant on condition...

Landlord Fined $4,000 for Harassing Apartment Occupant to Force Relocation

September 22, 2020    

Former landlord of a three-family house rented a bedroom in a two-bedroom apartment to tenant, who lived there with her daughter. The apartment also contained a third, illegal bedroom. New landlords bought the house...

Application of Time Period for Overcharge Lookback Requires More Factfinding

September 22, 2020    

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant claimed rent overcharge. Landlord then discontinued the eviction claim, but the court considered tenant's request to...

Application of Regina Decision Reduces Overcharge Finding by Over $30,000

September 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant in August 2019 and ordered landlord to refund $90,673, including triple damages.

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Tenants Authorized Tenant Organization to File Complaints for Them

September 22, 2020    

Various rent-stabilized tenants complained of reductions of service in their apartments. The DRA ruled on 13 cases, dismissing 11 and reducing the rents of two tenants based on apartment conditions. Landlord appealed...

Rents Properly Restored Based on DHCR Inspection Report

September 22, 2020    

The DHCR reduced the rents of rent-stabilized tenants based on a reduction in various building-wide services. The DRA ruled for tenants. Although some services had been restored, there was inadequate janitorial...

Public Housing Tenant's Conduct Didn't Warrant Eviction

September 21, 2020    

Landlord Tuckahoe Housing Authority (THA) sent public housing tenant a lease termination notice, then held a grievance hearing at tenant's request.  THA ruled that tenant had violated her lease, and...

Landlord Can Seek Tenant's Eviction Based on Overcrowding

September 21, 2020    

Landlord sued to evict rent-stabilized tenant for breaching a substantial obligation of her tenancy by "overcrowding" her apartment in violation of Housing Maintenance Code (HMC) Section 27-2075. The court...

Judgment by Agreement Against Deceased Tenant's Son Was Void

September 21, 2020    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant's family member signed a court-ordered settlement agreement that gave landlord possession and $6,000 in back rent owed. The court then...