NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Former Tenant Gets Rent Refund for Breach of Warranty of Habitability

January 23, 2017    

Former tenant sued landlord to recover rent paid based on her claim of breach of the warranty of habitability. The court ruled for tenant after a trial and awarded her $366.49. Landlord appealed and lost. Substantial...

Landlord Didn't Prove Whether It Collected Rent from New Tenant

January 23, 2017    

Landlord sued tenant for breach of her lease. The court ruled for landlord after tenant moved out, and awarded it $9,224 plus attorney's fees and interest. The court included an offset provision to reduce the...

Landlord Can't Collect Additional Rent from Tenant After Tenant Moved Out

January 23, 2017    

Former tenant sued landlord in small claims court, seeking recovery of her security deposit. Landlord counterclaimed for rent due under the lease after landlord terminated the lease and before a new tenant moved in....

Landlord Can't Evict Tenant for Having Overnight Guests

January 19, 2017    

Landlord sued to evict tenant, claiming a substantial violation of the tenancy and house rules. Landlord claimed that tenant didn’t get advance permission before having overnight visitors and had overnight...

Tenant's Apartment Was Improperly Deregulated After 2009 Vacancy

January 19, 2017    

Landlord sued to evict unregulated tenant. The court ruled for landlord after a trial but later granted tenant’s request to set aside the judgment. Tenant claimed improper deregulation of the apartment, so the...

Trial Court Improperly Gave Tenant Two-Year Probation Period

January 18, 2017    

Landlord sued to evict tenant for nuisance by engaging in a pattern of objectionable conduct. The trial court ruled for landlord but stayed execution on the eviction warrant to give tenant time to cure her behavior....

Landlord Waited Too Long to Seek Rent Arrears

January 18, 2017    

Landlord sued in March 2015 to evict tenant for nonpayment of rent. Although tenant began receiving Disability Rent Increase Exemption (DRIE) benefits in October 2009, landlord claimed that it discovered in December...

Landlord Not Responsible for Tenant's Slip-and-Fall

January 18, 2017    

Tenant sued landlord for negligence, after she slipped and fell while walking down the apartment building staircase. The court denied landlord’s request to dismiss the case without a trial. Landlord appealed...

Estate of Co-op Shareholder Tenant Can't Vote on Succession Claim

January 18, 2017    

The estate of deceased shareholder tenant sued landlord co-op corporation, claiming that the co-op improperly barred the estate from voting on a family member’s succession claim to the apartment. The court...

Former Aide's Harassment Claim Against Landlord Dismissed

January 18, 2017    

Former homecare attendant sued landlord of two-family home, claiming that landlord harassed him by unlawfully and forcibly evicting him without due process of law. Landlord was a 94-year-old invalid who had...

Landlord Waited Too Long to Seek Eviction for Keeping a Dog

January 18, 2017    

Landlord sued to evict rent-stabilized tenants for keeping a pet dog without landlord’s consent in violation of the “no pets” clause of their lease. Tenants asked the court to dismiss the case...

Landlord Can Evict Tenant for Chronic Nonpayment of Rent

January 18, 2017    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay rent in a timely manner going forward or else be subject to...