NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Agreement to Discount Tenant's Rent in Exchange for Porter Services Wasn't a Preferential Rent

March 15, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord sought an incorrect monthly rent because he paid a preferential rent that was less than the unit's legal...

Nonpayment Proceeding Sought Rent for Period When Tenant Had No Lease

March 15, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in August 2023, seeking rent arrears for the period between August 2022 through June 2023 at $1,451 per month. Tenant asked the court to dismiss...

Landlord Requested Payment of Use and Occupancy Prematurely

March 12, 2024    

Landlord sued to evict two apartment occupants after the unit's rent-controlled tenant died. The case was adjourned for two months on the initial return date to give the occupants a chance to obtain an attorney....

State Division of Human Rights Must Re-examine Organization's Housing Discrimination Claim

March 12, 2024    

CityVision, a nonprofit organization that tests whether housing facilities engage in discrimination by having their agents pose as prospective tenants, placed a test call to landlord in 2016 seeking to rent an...

Trial Needed to Determine Whether Tenant's Son Had Succession Rights

March 12, 2024    

Landlord sued to evict the son and daughter-in-law of a rent-stabilized tenant after tenant died. They claimed succession rights to the apartment. Landlord pointed out that these family members spent considerable...

Landlord Must Refund Tenant's Security Deposit Without Any Damages for Willful Withholding

March 9, 2024    

Former tenant sued landlord in small claims court, seeking return of her $4,803 security deposit plus damages. Tenant claimed that landlord willfully violated GOL Section 7-108(1-a)(e). After trial, the court awarded...

Rent-Stabilized Tenant Had No Lease in Effect

March 9, 2024    

Landlord sued in August 2023 to evict rent-stabilized tenant for nonpayment of rent between August 2022 and June 2023. Among other things, tenant pointed out that she didn't have a renewal lease from 2019 through...

Rent Reduced in 1987 Was Restored as of 2020

March 9, 2024    

Prior tenant complained to the DHCR of a reduction in services after a fire rendered his apartment uninhabitable. The DRA ruled for tenant in 1987 and reduced and froze his rent. Landlord applied for rent restoration...

Tenants Didn't Present Viable Grounds for Dismissal of Eviction Proceeding

February 26, 2024    

Landlord sued to evict tenants for creating a nuisance. Tenants asked the court to dismiss the case for a number of reasons, including improper service and insufficient notice of claims. The court ruled against...

Condo Board Seeks Damages from Unit Owner for His Tenants' Nuisance Behavior

February 26, 2024    

Landlord, a condominium board of managers, sued a condo unit owner for permitting and failing to adequately address the nuisance behavior of tenants he had rented the apartment to. The board sought declaratory and...

Landlord Co-op Corp. Properly Terminated Proprietary Lease

February 26, 2024    

Landlord cooperative corporation sued to evict proprietary lessee for engaging in objectionable conduct. The court ruled for landlord without trial and denied tenant's motion to dismiss the case along with her...

DHCR Arbitrarily Ruled That Buildings Not Subject to Sub Rehab Exemption

February 26, 2024    

In 2021, new landlord filed five applications with the DHCR, seeking a declaration that each building in a five-building complex was exempt from rent stabilization as the result of substantial rehabilitation of the...