NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Is Landlord Liable for Attack on Tenant in Gated Alleyway?

November 17, 2018    

Tenant sued landlord after she was assaulted in a gated alleyway by her apartment building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled...

Co-op, Not Shareholder, Responsible for Unit's Lead Paint Condition

November 17, 2018    

Tenant sued building landlord, which was a cooperative corporation, claiming that her child was injured by ingesting paint chips in the apartment that contained lead. Landlord asked the court to join the estate of...

Tenant Not Entitled to Loft Law Coverage

November 17, 2018    

Tenants applied to the NYC Loft Board for loft law coverage under Multiple Dwelling Law Article 7-C, the interim multiple dwelling law. The Loft Board ruled against tenants, who filed an Article 78 court appeal and...

Landlord Can Replace Lobby Attendants with Video Surveillance System

November 17, 2018    

Landlord asked the DHCR for permission to replace part-time lobby attendants with a video surveillance system. The DHCR ruled for landlord. Tenants appealed, and the court sent the case back to the DHCR for...

New Landlord Can't Reopen Rent Overcharge Case

November 17, 2018    

Tenants sued landlord, claiming fraudulent deregulation of rent-stabilized apartments and rent overcharge. The court ruled for tenants. Landlord and new landlord appealed. The appeals court ruled against them. New...

Rent-Stabilized Tenant Didn't Primarily Reside in Apartment

November 17, 2018    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord. Tenant appealed, and the court ordered a new trial. But landlord then appealed to the higher court,...

No Notice to Cure Needed Before Terminating Tenancy

November 12, 2018    

Landlord sued to evict rent-stabilized tenant for failing to provide access to make repairs and for failing to renew her rent-stabilized lease. Tenant claimed that landlord's termination notice was defective....

Tenant's Licensee Can't Sue Landlord for Illegal Lockout

November 12, 2018    

Apartment occupant sued landlord, claiming that she had been illegally locked out of an apartment. The court ruled against occupant, who appealed and lost. Occupant was a Section 8 tenant of another apartment in a...

Tenant's Daughter Gets Rent-Stabilized Apartment

November 12, 2018    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was tenant's daughter and had lived in the apartment with tenant for at least three years before tenant died...

Apartment Was Improperly Deregulated After Base Date Vacancy

November 12, 2018    

Landlord sued to evict tenant, claiming that tenant's apartment was deregulated. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. Landlord appealed and lost. The...

Tenant Who Performed Illegal Alterations Can Cure the Conditions

November 12, 2018    

Landlord sued to evict rent-stabilized tenant for illegally altering his apartment. The trial court ruled for landlord but gave tenant a postjudgment opportunity to cure. Landlord appealed and lost. Tenant proved...

Landlord Fined $52,000 for Tenants' Short-Term Rental Violations

November 12, 2018    

Landlord filed an Article 78 court appeal of an ECB decision finding violation of NYC administrative code provisions based on illegal occupancies and converting permanent residential units into use for transient...