NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Doesn't Prove Harassment Based on Alleged Toxic Odor

November 22, 2021    

Tenant brought an HP proceeding against landlord, claiming harassment. She said there was a "toxic odor invading" her apartment in June 2020 and that landlord did nothing about it. Landlord asked the court...

Appeals Court Revokes Lower Court's Order to Vacate Settlement Agreement

November 22, 2021    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant didn't appear in court, but occupant appeared and claimed succession rights as a nontraditional family member. Landlord and occupant...

Landlord Can't Evict Successor Tenant for Not Paying Prior Tenant's Unpaid Rent

November 22, 2021    

Landlord sued to evict Mitchell-Lama tenant in April 2019, claiming that she owed $17,897 in back rent from November 2017 through March 2019 under an occupancy agreement. Tenant previously had lived in the apartment...

Unregulated Tenant Can Evict Roommate Who Claims They Were Domestic Partners

November 22, 2021    

Unregulated tenant sued to evict her roommate in housing court after terminating his month-to-month subtenancy. The roommate claimed that he was the tenant's nontraditional family member because they had lived...

Federal Appeals Court Upholds NYC COVID Harassment Laws

November 22, 2021    

In May 2020, NYC amended its residential and nonresidential harassment laws, to prohibit "threatening" tenants based on their "status as a person or business impacted by COVID-19, or . . . receipt of a...

Tenant's Daughter Gets Rent-Stabilized Apartment

November 18, 2021    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant's daughter appeared in the proceeding and claimed she had succession rights to the apartment. The trial court ruled for the daughter...

Landlord's Incorrect Collection of Rent Increases from 421-a Tenants Wasn't Willful

November 18, 2021    

Rent-stabilized tenants sued landlord, claiming fraud in connection with rent overcharges. Tenants lived in a 421-a building and claimed landlord improperly charged them 2.2 percent annual rent increases in...

CEEFPA as Amended Expands Definition of Protected Tenants

November 18, 2021    

Landlord sued to evict tenant, and in August 2019, the parties settled the case, with a judgment and warrant for landlord. Tenant agreed to move out by a certain date but sought and obtained several extensions of the...

Tenant's Rent-Stabilized Status Not Extended Under Addition of Affordable Units

November 18, 2021    

Tenant moved into a 421-a building in 2003 and was subject to rent stabilization as a result. The building's 421-a tax benefits, along with tenant's rent stabilization status, were set to expire on June 30,...

Tenant Wins Termination of Guardianship Despite Concerns Over Eviction Proceeding

November 18, 2021    

An Article 81 guardian was appointed to address tenant's personal needs and property management. Tenant later sued the Dept. of Social Services (DSS) seeking termination of the guardianship by Selfhelp Community...

Tenants Claim Breach of Warranty of Habitability and Harassment

November 17, 2021    

Tenants sued landlord, claiming breach of the warranty of habitability based on rodent and insect infestation, freezing conditions, lack of building security and waste-line failure. The lower court dismissed the case...

Court Dismisses Tenant's Disability Discrimination Claim

November 17, 2021    

Tenant sued landlord in State Supreme Court in 2020, claiming that landlord failed to accommodate tenant's disability in violation of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA),...