NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Questions Whether Guaranty in Initial Lease Extended Upon Lease Renewal

July 26, 2023    

Landlord sued to evict tenant in housing court for nonpayment of rent. In that prior proceeding, landlord obtained a judgment for rent owed in the amount of $45,100, and tenant moved out of the unit. Landlord then...

Court Rules DHCR's Application of HSTPA Amendments to Pending MCI Applications Was Improper

July 26, 2023    

(Decision submitted by David B. Cabrera and Phillip Billet of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., who represented the landlord.)

Four-Year Statute of Limitations Applied to Pre-HSTPA Overcharge Claims

June 28, 2023    

Building tenants sued landlord, claiming rent overcharge damages. In the class action suit, the court ruled that: (a) tenants were entitled only to damages that occurred prior to the filing of their complaint; (b)...

Landlord Properly Applied MCI Rent Increase Approved by DHCR

June 28, 2023    

Rent-stabilized apartment tenants sued landlord claiming that landlord sought improper application of MCI rent hikes granted by the DHCR. The court denied tenants' request for a ruling in their favor without...

Illegal Sublet Case Involving Family Members Without Profiteering Dismissed

June 28, 2023    

Landlord sued to evict rent-stabilized tenants and apartment occupants for an illegal sublet or assignment of the apartment without prior written consent by the landlord. Landlord claimed that the two tenants had...

Landlord's Predicate Notices Didn't Support Claim

June 28, 2023    

Landlord sued to evict rent-stabilized tenant and apartment occupants based on tenant's failure to cure a breach of her lease agreement and Affordable Housing Program regulations by allowing unauthorized...

Nonpayment Proceeding Dismissed Due to Defective Rent Demand

June 28, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that the predicate rent demand was defective. The court ruled for tenant. The rent demand indicated a lump...

Tenant Remained Rent Stabilized After Building's J-51 Tax Benefits Expired

June 28, 2023    

Tenants sued landlord, claiming they were rent stabilized. The building had received J-51 tax benefits, which expired on June 30, 2009. One tenant moved into her apartment on Dec. 1, 2008, under a rent-stabilized...

Landlord's Reliance on Termination Notice in Second Eviction Case Was Valid

June 28, 2023    

Landlord sued to evict tenant after serving a 90-day termination notice advising tenant this his lease wouldn't be renewed. Tenant asked the court to dismiss the case, claiming that the termination notice was...

Building Tenants Were Rent Stabilized and Entitled to Rent Overcharge Findings

June 28, 2023    

Tenants sued landlord seeking a declaratory judgment and rent overcharge refunds with triple damages dating back to 2015. Landlord claimed that the apartments in question had been luxury deregulated. Landlord relied...

Housing Advocacy Group Can Sue Landlords and Brokers for Source of Income Discrimination

June 28, 2023    

Plaintiff, a nonprofit housing group, sued real estate agents, brokerage firms, property management companies, and property owners, claiming intentional and willful source of income discrimination in violation of New...

Former Tenant Claims Landlord Harassed Her to Move Out

June 28, 2023    

Landlord, the owner of an apartment he had rented to tenant since 2016, sued tenant after tenant moved out for breaching her residential lease. In response, tenant claimed harassment and sought the return of her...