NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Trial Must Determine If Tenant Engaged in Profiteering

January 24, 2019    

Landlord sued to evict rent-stabilized tenant for profiteering by renting space in her apartment for short-term transient occupancy. Landlord asked the court to rule in its favor without a trial. The court ruled...

DHCR Must Reconsider Triple Damages

January 24, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $23,100, including triple damages. Landlord appealed the portion of the DRA's order that assessed triple damages,...

Trial Must Determine Whether Building Is Exempt from Rent Stabilization

January 24, 2019    

Landlord sued to evict unregulated tenant, claiming that the building was exempt from rent stabilization due to substantial rehabilitation after Jan. 1, 1974. Tenant claimed that he was rent stabilized and asked the...

Eviction Proceeding Dismissed Because Lease Lacked Essential Terms

January 24, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord terminated the tenancy based on its...

Brookhaven Landlord Convicted of Criminal Charges

December 26, 2018    

The Town of Brookhaven filed criminal charges against landlord for violating the Town Code by converting a single-family home to multifamily use by alterations performed without required building permits and...

Landlord Doesn't Prove Nonprimary Residence

December 26, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord and dismissed the case. Although tenant owned two properties with the requirement that he maintain each...

Rent-Controlled Tenant's Granddaughter Gets Apartment

December 26, 2018    

Landlord sued to evict apartment occupant after rent-controlled tenant died, claiming that occupant had been tenant's licensee. Occupant claimed succession rights to the apartment. The trial court ruled for...

Landlord's Termination Notice Was Defective

December 26, 2018    

Landlord, the owner of a condominium unit, sued to evict tenant because he had decided to sell the unit. Tenant claimed that landlord's predicate notice was defective and asked the court to dismiss the case. The...

Proprietary Lease Provision Was Unenforceable

December 26, 2018    

Cooperative shareholder tenant sued landlord co-op for failing to transfer shares to her for another apartment in the building owned by her husband. In response, landlord counterclaimed for attorney's fees. The...

Co-Tenant Who Fled Apartment as Domestic Abuse Victim Not Responsible for Rent Arrears

December 25, 2018    

Landlord sued to evict tenants husband and wife for nonpayment of rent. The husband defaulted by not appearing in court. The wife's mother appeared and told the court that the wife had moved out because the...

Work Didn't Amount to Substantial Rehab of Building

December 23, 2018    

Landlord asked the DHCR for a ruling in 2002 on a building's status, and claimed that the building was deregulated based on substantial rehabilitation completed between 1989 and 1991. The DHCR ruled against...

Landlord Submitted No Proof of IAIs

December 23, 2018    

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant claimed that she was rent stabilized and had been overcharged. The court ruled for tenant in part. Landlord claimed that the...