NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Didn't Prove There Was a Preferential Rent

March 25, 2021    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, and landlord filed an Article 78 appeal of the DHCR's final decision. The court ruled against landlord, who appealed and lost. The...

No Fraud Found in Connection with Rent Overcharge

March 25, 2021    

Tenant complained of rent overcharge and improper deregulation of her apartment. The DHCR ruled for tenant in 2017 because the apartment had been vacancy-deregulated incorrectly while the building received J-51 tax...

HSTPA Limitations on Owner Occupancy Claim Can't Be Applied Retroactively

March 25, 2021    

Landlord sued to evict rent-stabilized tenant, in order to recover tenant's apartment for owner occupancy. The trial court ruled for landlord in 2018. Tenant appealed and won, based on changes in the Rent...

Tenant Can Eject Roommate Who Paid No Rent

February 24, 2021    

Tenant sued to eject apartment occupant, who had been her friend and roommate for about 10 years, after sending him two 10-day notices to quit. In late 2019, tenant and roommate entered an agreement by which the...

Landlord Must Reimburse Tenant After Self-Help Eviction

February 24, 2021    

Former tenant sued landlord for reimbursement of damages after landlord evicted tenant using self-help. Landlord and tenant entered an oral agreement for the apartment, and tenant paid landlord $600 for the first...

Landlord Backtracked on Giving Tenant Permission to Replace Cabinets

February 22, 2021    

Rent-stabilized tenant sued landlord cooperative corporation in an HP proceeding, seeking correction of violations, a finding of harassment, and a restraining order. She claimed that the building manager gave her...

Landlord Who Harassed Tenant Must Pay Fines and Punitive Damages

February 22, 2021    

Building tenants sued landlord to obtain correction of outstanding violations. They also claimed harassment by landlord. In November 2019, the parties signed a consent order in court for correction of the violations...

Rent-Stabilized Tenant's Son Gets Apartment

February 22, 2021    

Landlord sued to evict rent-stabilized tenant for failing to sign a renewal lease. Tenant's son, who was an apartment occupant, appeared in court and claimed succession rights. The court ruled for the son,...

Shareholder Tenant's Unit Subject to Loft Law

February 22, 2021    

In 2016, the NYC Loft Board ruled that landlord's building was an interim multiple dwelling (IMD) subject to the Loft Law. Landlord filed an Article 78 court proceeding, seeking annulment of the Loft Board's...

Did Court Settlement Resolve Rent Stabilization Coverage Issue?

February 22, 2021    

Tenant sued landlord, claiming rent overcharge and improper deregulation of a rent-stabilized apartment. Landlord asked the court to dismiss the case without trial, arguing that landlord and tenant had settled the...

Did Improperly Installed Window Guard Cause Child's Fall?

February 22, 2021    

Tenant sued landlord after her child fell from the seventh-floor double-hung bedroom window in tenant's apartment. Tenant claimed that landlord and its employees caused or created an unsafe condition by...

Tenants Never Received Security Deposit Refund

February 16, 2021    

Former tenants sued landlord for refund of their $18,600 security deposit. They lived in the apartment between 2014 and July 15, 2020, and claimed they left the unit in broom-clean condition. Landlord waited until...