NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Who Spent Most Nights at Partner's Home Still Maintained Primary Residence

November 21, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, even though tenant spent a substantial amount of time at his partner's apartment. Tenant testified...

Court Applies Default Method to Determine Rent Overcharge

November 21, 2019    

Tenants sued landlord, claiming improper apartment deregulation and rent overcharge. The court ruled for tenants in 2017, determined that they were rent stabilized, ordered landlord to give them a rent-stabilized...

Landlord Can't Sue to Evict Successor Tenant for Nonpayment of Pre-Succession Rent

November 21, 2019    

Landlord of Mitchell-Lama co-op building sued to evict shareholder tenant for nonpayment of maintenance. Tenant claimed that the rent demand was defective because landlord sought rent for months prior to her...

Former Tenant Gets Rent Abatement for Water Damage

November 21, 2019    

Former rent-stabilized tenant sued landlord in small claims court, seeking $5,000 in damages based on landlord's failure to make apartment repairs. Tenant showed that a major leak due to a burst pipe occurred in...

Conditions Resulting in DHCR Rent Reduction Weren't De Minimis

November 21, 2019    

Rent-stabilized tenants complained to the DHCR of a reduction in building services. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that the conditions were de minimis--that is...

Landlord Responsible for Tenant's Unlawful Short-Term Apartment Rentals

November 21, 2019    

Landlord filed an Article 78 appeal of ECB's decision imposing penalties on landlord based on tenant's unauthorized short-term apartment rentals of two apartments through Airbnb. ECB had fined landlord $51,...

Court Retroactively Applies HSTPA Amendments to Pending Overcharge and Choice of Forum Claims

November 21, 2019    

Tenants of 55 different apartments in 22 buildings owned or operated by landlord sued landlord in 2016 and claimed that landlord pursued a scheme designed to unlawfully inflate rents in violation of the Rent...

Disabled Tenant Can Keep Emotional Support Dog

November 21, 2019    

Landlord cooperative corporation filed an Article 78 appeal of a decision by the NY State Human Rights Division that it unlawfully discriminated against tenant on the basis of disability by not allowing her to keep...

Landlord Improperly Claimed Tenant Was a Licensee

November 21, 2019    

Landlord sued to evict apartment occupant, after sending him a 10-day notice to quit. Landlord claimed that the occupant was a licensee, not a tenant. Occupant pointed out various indicators that he was a tenant. The...

Landlord's Court Papers Didn't Explain Why Tenant Was Unregulated

November 21, 2019    

Landlord sued to evict unregulated tenant after tenant's lease expired. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord's court papers contained fundamental...

Tenant's Nephew Can't Get Rent-Controlled Apartment

November 21, 2019    

Landlord sued to evict apartment occupant after rent-controlled tenant died. The occupant claimed succession rights and that he was tenant's nephew. The trial court ruled for landlord. Occupant appealed and lost...

Questions of Fact Require Trial on Whether Apartment Was Unregulated

November 21, 2019    

Landlord sued to evict tenant for nonpayment of rent, claiming that the apartment was unregulated. Tenant, in turn, claimed that he was rent stabilized and that there was a rent overcharge. The court denied landlord...