NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Sons of Prior Co-Tenants Get Succession Rights

June 26, 2024    

Landlord sued to evict two apartment occupants who remained in the apartment after prior rent-stabilized tenants moved out. Landlord claimed that their license to remain in the apartment was now terminated. The...

Were Landlord and Laundry Room Operator Responsible for Tenant's Slip-and-Fall?

June 26, 2024    

Tenant sued landlord and its washing machine vendor for negligence after she was injured in a slip-and-fall in the building's laundry room. Tenant claimed that the accident was the result of a chronic...

Landlord Not Responsible for Attack on Tenant After Tenant Let Attacker In

June 26, 2024    

Tenant, who worked as a psychiatrist in his home office, was conducting a patient session when the cousin of his former domestic partner barged into his apartment and demanded certain financial documents required for...

DHCR Reasonably Ruled Elimination of Elevator Operators Would Reduce Required Services

June 26, 2024    

Landlord filed an Article 78 court appeal of a DHCR decision that denied permission to modify building-wide services for rent-regulated tenants in its building, by eliminating three elevator operators with shifts...

Garage Parking Was a Required, Ancillary Service to Rent-Regulated Tenants

June 25, 2024    

Landlord filed an Article 78 court appeal of a DHCR decision finding that garage parking at landlord's building was a required ancillary service under rent stabilization. Landlord claimed that the parking garage...

Court Grants Limited Discovery for Tenant Who Claims Breach of Warranty of Habitability

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord breached the warranty of habitability and asked the court for permission to conduct discovery. The court ruled for tenant in part,...

Eviction Case Against Occupants Dismissed for Failure to Name Tenant's Estate as Party

June 25, 2024    

Landlord sued to evict "John Doe" and "Jane Doe," who occupied tenant's apartment after tenant died. The occupants asked the court to dismiss the case because it hadn't named the tenant...

Landlord Fined $5,000 for Commencing Frivolous Eviction Proceeding Against Tenant

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent in the amount of $248 and obtained a default judgment against tenant. Tenant then asked the court to vacate the default judgment, dismiss the case, and sanction...

Tenant Presents No Proof Violation Wasn't Corrected After Landlord Certification

May 24, 2024    

Landlord sued tenant and tenant's guarantor for unpaid rent, use and occupancy, and attorney's fees. Tenant asked the court to dismiss the case. He claimed that there were rent-impairing violations. Landlord...

Landlord's Termination Notice Didn't Support Claimed Lease Violation

May 24, 2024    

Landlord sued to evict rent-stabilized tenant for allowing other people to live in the apartment's recreation room, in violation of tenant's lease. Tenant asked the court to dismiss the case, claiming that...

Trial Needed to Determine Legal Rent Applicable to Successor Tenant Under DHCR Agreement

May 24, 2024    

Landlord sued to evict family member successor tenant of rent-stabilized apartment for failure to sign a renewal lease. Tenant claimed that the offered rent amounts were incorrect. In 2005, the prior landlord had...

Landlord Can't Collect U&O While Ejectment Case Pending

May 24, 2024    

Prior landlord sued to eject tenant. New landlord later asked the court for permission to substitute into the case as the plaintiff, and also asked the court to direct tenant to pay past, present, and future use and...