NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord's Mandamus Petition Against HPD to Force Action on Loft Legalization Process Dismissed

June 21, 2021    

Landlord owned a five-building complex of interim multiple dwellings (IMDs) located in a single zoning lot in the Special Clinton District. All of the buildings were subject to the NYC Loft Law. Landlord sought to...

Rochester Approves Redevelopment of Housing Complex for Seniors

June 21, 2021    
Landord sought to redevelop a 60-unit affordable housing community for seniors. The 1957 deed from the City of Rochester to prior landlord contained several restrictive covenants, including a provision that any...

Building Converted from Five to Six Apartments Became Rent Stabilized

June 21, 2021    

Landlord brought five separate eviction proceedings against five tenants in the same building. Landlord claimed that the tenants were unregulated because the building contained fewer than six residential units. The...

Apartment Was Lawfully Deregulated Before Rent Act of 2015 and HSTPA

June 20, 2021    

Landlord sued to evict tenant, claiming that tenant's apartment was exempt from rent stabilization due to high-rent vacancy. Tenant claimed that he was rent stabilized. The court ruled against tenant, who...

Landlord Can't Intervene in Article 81 Guardianship Proceeding for Tenant

June 20, 2021    

Landlord sued to evict tenant for nonpayment of rent in 2018. When the parties first appeared, it was shown that tenant was diagnosed as bipolar. Adult Protective Services then intervened, and the court appointed a...

Tenant Claims Children's Bedbug Bites Breached Warranty of Habitability

June 20, 2021    

Tenant sued landlord on behalf of her children, claiming that they were bitten by bedbugs in their apartment. Among other things, tenant claimed constructive eviction, intentional infliction of emotional distress,...

Landlord Didn't Have Control Over Resident Who Allegedly Harassed Tenant

June 20, 2021    

Tenants sued landlord, claiming breach of warranty of habitability and violations of federal and state housing discrimination laws. The court granted landlord's request to dismiss the case without trial. Tenants...

DHCR Incorrectly Applied Bridge-the-Gap Formula to Calculate Overcharge

June 20, 2021    

Landlord filed an Article 78 court appeal of a 2018 DHCR decision that tenant's apartment was rent stabilized. The DHCR also calculated a rent overcharge by using its "bridge-the-gap" formula. Landlord...

Landlord Can't Prove Tenant Created Nuisance by Feeding Pigeons

June 18, 2021    

Landlord sued to evict loft tenant in 2018, claiming that tenant created a nuisance. Landlord claimed that, through gross negligence, tenant substantially damaged the building and interfered with the comfort and...

Explanatory Addenda to 2018 Deregulation Order Continued Rent Stabilization Coverage

June 18, 2021    

Landlord applied for high-rent/high-income deregulation of tenants' rent-stabilized apartment in 2018. The DRA issued a deregulation order for landlord in December 2018 based on tenants' admission that their...

Court Lets Tenant Intervene in Landlord's Article 78 Proceeding Against DHCR

June 18, 2021    

Landlord filed an Article 78 petition against the DHCR, seeking judicial review of the DHCR's ruling that a tenant was overcharged. The tenant asked permission to intervene in the Article 78 proceeding. Although...

Landlord's Notices Claiming Tenant Nuisance Were Defective

June 18, 2021    

Landlord sued to evict tenant in January 2021, claiming that tenant created a nuisance and that tenant's conduct corresponded to an exception to any stay of eviction under the COVID-19 Emergency Eviction and...