NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

A.G. Investigates Whether Landlord Violated Tenant Blacklisting Law

November 25, 2024    

In September 2023, after obtaining information that landlord continued to seek a landlord-tenant court date in screening applicants for residential housing after passage of the tenant blacklisting law, the NY...

Co-op Apartment Subtenants Not Responsible for Water Leak Damage

November 25, 2024    

An insurance company for Verizon sued a co-op apartment shareholder and his subtenants where damage to Verizon's property resulted from a flood caused by a water leak in the kitchen sink of the apartment that the...

Appeals Court Dismisses Tenant's Claim of Fraudulent Apartment Deregulation

November 25, 2024    

Tenant sued landlord, claiming fraudulent removal of his apartment from rent regulation in 2009 and a related rent overcharge between 2021 and 2022. Landlord asked the court to dismiss tenant's claim without...

Landlord Entitled to Unpaid Rent from Tenant Who Broke Lease During Pandemic

November 25, 2024    

Landlord who owned a condominium unit sued former tenant to recover unpaid rent for the apartment after tenant broke her lease in 2020 and moved out before her lease expired. Landlord asked the court to grant a money...

Occupant Fails to Prove Succession Rights to Rent-Controlled Tenant's Apartment

November 25, 2024    

Landlord sued to evict rent-controlled tenant and additional apartment occupant, claiming tenant no longer primarily resided in the apartment. Tenant had moved into a facility without a discharge plan when the case...

Court Dismisses Tenant's Claim That Mold in Apartment Caused Injury

November 25, 2024    

Tenant sued landlord for negligence in July 2017 based on mold exposure in her apartment. A month after she moved into the condominium unit, tenant notified landlord by email of the presence of mold in the bathroom...

Owner Didn't Submit Rent History Records

November 20, 2024    

After the DHCR's Tenant Protection Unit (TPU) investigated claimed individual apartment improvements (IAIs), it referred the case to the DRA to commence rent overcharge proceedings. The DRA ruled for tenants,...

Landlord's Notice to Quit to Son After Tenant's Death Was Proper and Sufficient

November 20, 2024    

Landlord sued to evict occupant of project-based Section 8 apartment after tenant died. The occupant claimed that he was tenant's son and had succession rights. Landlord claimed that the occupant was now a...

Court Approves Tenants' Request to Subpoena DHCR Records

November 20, 2024    

Tenants sued landlord, claiming rent fraud, willful rent overcharge, breach of the warranty of habitability, and breach of lease. Tenants asked the court to issue subpoenas duces tecum to order DOB, HPD, and the DHCR...

Tenant's Claim of Rent Overcharge Dismissed by Appeals Court

November 20, 2024    

Tenant sued landlord, claiming rent overcharge and improper deregulation of her apartment. Landlord asked the court to dismiss three of tenant's claims without trial. The court ruled for landlord. Tenant appealed...

Tenant's Toxic Mold Claim Dismissed by Court

November 20, 2024    

Tenant sued landlord, seeking damages for personal injuries he claimed were caused by exposure to toxic mold in his apartment. The Nassau County court granted landlord's motion to dismiss the case. Tenant...

Court Denies Tenant's Appeal of DHCR Order Finding No Overcharge

November 20, 2024    

Tenant complained to the DHCR of rent overcharge and fraudulent deregulation of her apartment. The DRA and DHCR ruled against tenant, finding that landlord didn't engage in a fraudulent scheme to deregulate the...