NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord's Claim to Recover Four Units Dismissed After HSTPA Amendments

December 19, 2019    

In separate proceedings, landlord sued to evict four rent-stabilized tenants in a six-unit building in order to combine the apartments as a residence for his son. The court consolidated the cases, and tenants asked...

Landlord Should Have Sent Tenant a Notice to Cure

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by objectionable conduct. Landlord claimed that tenant engaged in vandalism of the building super's car, and physically assaulted both the...

Loft Board Incorrectly Permitted Tenants to Withdraw Coverage Applications

December 19, 2019    

Landlord operated a paper waste disposal plant on a loft building's first floor. Residential tenants sought interim multiple dwelling (IMD) status in 2014. Landlord argued that the building's hazardous...

Rent-Stabilized Tenants' Daughter Can't Remain in Apartment

December 19, 2019    

Landlord sued to evict rent-stabilized tenants for nonprimary residence. Tenants' daughter claimed succession rights. The trial court ruled for landlord. Tenants appealed and lost, then appealed again to a higher...

Unauthorized Washing Machine Caused Plumbing Damage

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for installing and using a washing machine in her apartment in violation of a substantial obligation of her tenancy. Tenant didn't obtain landlord's written...

Apartment Deregulated Before June 14, 2019, Not Reregulated by HSTPA

December 19, 2019    

Landlord sued to evict unregulated tenant. The court granted tenant's request to dismiss the case without trial. Landlord appealed and won. Before moving out, prior tenant had a one-year lease from August 2013...

Evicted Tenant Showed No Good Cause to Be Restored to Possession

December 19, 2019    

Landlord sued to evict tenant based on failure to sign a rent-stabilized renewal lease. The court ruled for landlord, and tenant was evicted. Tenant later asked the court to restore her to possession and give her a...

Tenant Gets 30 Percent Rent Abatement for Multiple Apartment Conditions

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement. Based on tenant testimony and HPD violations, the trial court...

Court Mistakenly Gave Landlord Judgment of Possession

December 19, 2019    

Landlord sued to evict Yonkers tenant for illegal subletting. The court ruled for landlord based on tenant's failure to make a court-ordered rent deposit. Tenant appealed, and the case was reopened. It was an...

Was Landlord Responsible for Tenant's Fall in Driveway?

December 19, 2019    

Monroe County tenant sued landlord for negligence after she stepped on a loose piece of asphalt in the premises driveway and then fell outside her apartment. The court ruled for tenant without trial, finding that...

Landlord's Son Had Apparent Authority to Sign Lease with Tenant

December 19, 2019    

Landlord sued to evict unregulated month-to-month tenant after sending a 30-day termination notice. Tenant asked the court to dismiss the case, claiming that he had a one-year lease signed in March 2019 and which...

Tenant's Claim for Child's Lead Poisoning from Backyard Soil Dismissed

December 19, 2019    

Former tenant sued landlord, claiming that her child suffered lead poisoning from conditions at the premises and that landlord violated the NYC Childhood Lead Poisoning Prevention Act (Local Law 1). Tenant moved into...