NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Didn't Complete Repairs by Court-Ordered Deadline

December 14, 2020    

Tenant sued landlord in an HP proceeding, seeking apartment repairs so that he could be restored to possession of the unit. Landlord and tenant signed a settlement agreement in court by which landlord agreed to have...

Virtual Trial Doesn't Deny Tenants Due Process

December 10, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in 2017. Other apartment occupants responded, claiming that they were the rightful tenants. They also claimed rent overcharge and that the monthly...

Landlord Can't Force Premature Loft Board Determination

December 10, 2020    

Landlord, who owned a building classified as an Interim Multiple Dwelling (IMD) under the Loft Law, sued the Loft Board in connection with Loft Board actions concerning the use and classification of the building....

Landlord Seeks Court Order for Tenant to Remove Property from Yard

December 10, 2020    

Landlord sued month-to-month first-floor apartment tenant, seeking an order directing tenant to remove his personal property from the rear yard of the building. Landlord argued that it had rented a ground-floor store...

Landlord Must Give DEC Access to Inspect Property for CVOC

December 10, 2020    

The NY State Dept. of Environmental Conservation (DEC) sued landlord to obtain access to landlord's building and property in order to inspect and investigate for chlorinated volatile organic compound (CVOC)...

Court Can't Order Landlord to Restore Stove in Illegal Apartment

December 10, 2020    

Tenant started an HP case against landlord in housing court, seeking repairs, restoration of a removed stove, and correction of building violations. Tenant had moved into the basement apartment in January 2020. After...

Landlord Can't Bar Former Employee Who Lived with Tenant from Building

December 8, 2020    

Landlord sued tenant and her roommate-boyfriend for creating a nuisance and asked the court to grant a preliminary injunction barring the boyfriend from the building. The boyfriend was formerly employed as the...

Was Alteration Agreement Requiring Fire Door Inside Unit Based on Mutual Mistake?

December 8, 2020    

Landlord cooperative corporation sued to evict co-op shareholder tenants for breach of their proprietary lease by failing to complete alterations to their apartment in accordance with the terms of an alteration...

Rent-Stabilized Tenant's Son Gets Apartment

December 8, 2020    

Landlord sued to evict rent-stabilized tenant's son after tenant died. The son claimed succession rights to the apartment. The trial court ruled for the son and ordered landlord to offer him a renewal lease....

Tenant's Ex-Wife Can't Get Mitchell Lama Cooperative Apartment

December 8, 2020    

The ex-wife of a Co-op City shareholder tenant claimed succession rights to the tenant's Mitchell-Lama co-op apartment after she and tenant got divorced in 2012 and tenant moved out. The DHCR supervised the...

Roof Leak Didn't Cause Harassment or Intentional Infliction of Emotional Distress

December 8, 2020    

Rent-stabilized tenant sued landlord, claiming willful refusal to fix a damaged roof and repeated water leaks into her apartment and the adjoining corridor. Tenant claimed that these acts resulted in intentional...

Court Won't Consolidate Tenants' Lead Paint Claim with Nonpayment Proceeding

December 7, 2020    

Tenants sued landlord, claiming that their child had been poisoned by lead paint found in their apartment. While the case was pending, landlord asked the court to take a separate, rent nonpayment proceeding pending...