NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

City Not Responsible for Attack on Homeless Shelter Resident

May 23, 2020    

Former NYC homeless shelter resident sued the city for negligence after he was violently assaulted by another shelter resident. NYC owned the shelter. Resident also sued the NYC Dept. of Homeless Services (DHS) as...

Did Landlord Give Tenant Defective Electric Stove During Gas Outage?

May 23, 2020    

Tenant sued landlord for negligence, claiming that she was injured when a pot of hot oil fell on her. Tenant also sued the manufacturer of the two-burner electric stove involved in her injury.

Subtenant Illegally Locked Tenant's Son Out of Apartment

May 22, 2020    

In 2009, rent-stabilized tenant left her apartment for Antigua to care for her mother. She returned to the apartment frequently but, in the meantime, sublet the apartment for the past 20 years to a family friend. The...

Tenant's Request for Rent Records Limited to Four-Year Lookback

May 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Initially, tenant and landlord signed a so-ordered settlement agreement. Tenant paid $1,700 and agreed to pay an additional $5,700 claimed due. An...

Tenant in Horizontal Multiple Dwelling Was Rent Stabilized

May 22, 2020    

Landlord sued to evict month-to-month tenant. Tenant claimed he was rent stabilized because his building and the two buildings next door together formed a horizontal multiple dwelling (HMD). The court agreed that...

Landlord Can't Get Preliminary Approval of Plan to Remove Building's Gas Service

May 22, 2020    

Landlord of loft building sued tenants and the NYC Loft Board, seeking an injunction against building occupants from interfering with landlord's work to legalize the building and pursuing its amended legalization...

Default Judgment and Eviction Warrant Against Incarcerated Tenant Vacated

May 22, 2020    

Landlord sued to evict tenant based on tenant's failure to restore his discontinued Section 8 rent subsidy. The court ruled for landlord based on tenant's default.

Overcharge Resulted from Failure to Apply DHCR Rent Reduction Order

May 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed over $4,900. In response, tenant claimed that at least some rent had been paid, that there was a breach of the warranty...

HSTPA Can't Be Applied Retroactively to Tenant's Overcharge Counterclaim

May 20, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pretrial questioning. Tenant, relying on the Housing Stability and...

Landlord Didn't Notify Tenant Where Security Deposit Was Held

May 20, 2020    

Landlord sued former tenant for unpaid rent. Tenant, in turn, counterclaimed for return of his $12,750 security deposit. The court ruled against tenant, who appealed and won. Landlord had failed to give tenant notice...

DHCR Ruling That Landlord Didn't Provide Required Service Was Rational

May 20, 2020    

Rent-stabilized tenants complained to the DHCR of a reduction in building-wide services. Tenants claimed that the building's elevator had been removed from service and wasn't operable because the elevator...

Former Tenant Gets No Reimbursement for Food Costs During Gas Outage

May 20, 2020    

Tenant sued former landlord in small claims court, seeking the return of her $2,000 security deposit, along with reimbursement of another $3,000 for costs she incurred for takeout food during five months that there...