NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Didn't Serve Timely Lease Nonrenewal Notice

July 27, 2021    

Landlord sued to evict rent-stabilized tenant in Nassau County for nonprimary residence. Among other things, tenant claimed that landlord failed to serve a timely notice of lease nonrenewal under ETPR Section 2503.5...

Landlord Not Responsible for Attack on Tenant in Building

July 27, 2021    

Tenant sued landlord for negligence after she was assaulted by a masked and hooded man in the 20th floor corridor leading to her apartment. Landlord managed the building. Tenant claimed that the building's front...

Tenant Can't Claim Improper DHCR Registration of Pre-Base Date Rents

July 27, 2021    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case without trial and argued that the apartment was rent stabilized and had been improperly registered with the DHCR. The...

Licensee Daughter Not Eligible for Eviction Moratorium Protection

July 27, 2021    

Landlord was the managing agent for the estate of a deceased woman who owned a two-family house. The woman had permitted her daughter to live in the house. Landlord now sought the daughter's eviction. The...

Trial Needed to Determine Whether Building Contained Six or More Apartments

July 27, 2021    

Landlord sued to evict an unregulated tenant for nonpayment of rent. Tenant, in turn, claimed that she was rent stabilized and had been overcharged. Landlord argued that the building contained only five apartments,...

Court Certifies Class Action for Overcharge Claims of J-51 Building Tenants

July 27, 2021    

Tenants in several buildings who lived in apartments deregulated while the buildings received J-51 tax benefits sued landlord in 2018, claiming rent overcharge and improper deregulation. Tenants sought certification...

No Indicia of Fraud Found in Connection with Tenant's Dismissed Overcharge Claim

July 27, 2021    

Rent-stabilized tenant sued landlord in 2018, claiming rent overcharge after living in the apartment for 30 years. Current landlord bought the building in 2005. Tenant claimed that a prior tenant who lived in the...

Super's Letter Request to Vacate Default Judgment Denied

July 26, 2021    

Landlord sued to evict its building superintendent in 2019 after the super's employment was terminated. The super failed to appear in court, but his domestic partner appeared and consented to a possessory...

Deceased Super's Domestic Partner Gets Stay of Eviction Under CEEFPA

July 26, 2021    

Landlord sued to evict its building's former superintendent after terminating the super's employment. The parties settled the case in court in December 2019, giving landlord a final judgment of possession...

Tenant's Alleged Domestic Partner Can't Get NYCHA Apartment

July 26, 2021    

After a NYCHA tenant died, an apartment occupant sought succession rights. NYCHA held a hearing in 2019 and denied the occupant's remaining family member grievance. The occupant then filed an Article 78 court...

Court Affirms Amended RSL Applies to Dismiss Owner Occupancy Cases Not Decided Before HSTPA

July 26, 2021    

In four consolidated proceedings, landlord sued in 2017 to evict rent-stabilized tenants in a six-unit building for personal use, in order to combine the apartments as a residence for his son. The court ruled for...

Hardship Declaration Filed in Ejectment Action Stays Case Through August 2021

July 26, 2021    

(Decision submitted by John Bart of DC37 Municipal Employees Legal Services, attorneys for the tenant.)