NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Owner’s Estate Can Seek Eviction of Home Care Aide Without Prior Notice

January 18, 2017    

Deceased homeowner’s estate sued to evict the owner’s home health aide after owner died. The estate claimed that the aide was a tenant-at-will and served a 30-day termination notice before proceeding. The...

Tenant Can Videotape Landlord's Apartment Repair Work

January 18, 2017    

Tenant brought an HP proceeding against landlord in housing court to obtain apartment repairs, including abatement of a bathroom mold condition. The court ordered landlord to make repairs but denied tenant’s...

Is Occupant Rent-Controlled Tenant’s Nontraditional Family Member?

January 17, 2017    

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed succession rights. Landlord asked the court to rule against occupant without a trial. The court refused. Landlord appealed...

Conversion from Warehouse to Apartments Not Subject to Substantial Rehab Requirements

January 17, 2017    

Tenants sued landlord, claiming that their building was subject to rent stabilization. Landlord claimed that the building was unregulated. The court ruled for landlord and dismissed the case. Tenants appealed and...

Tenement Building Didn't Require Second Handrail on Staircase

January 17, 2017    

Tenant sued landlord for negligence after she lost her balance while going down the building’s interior staircase with a heavy shopping cart, and fell down the stairs. Tenant claimed that the absence of a...

Tenant's Loft Was Actually Two IMD Units

January 17, 2017    

Tenant appealed a decision of the NYC Loft Board, which found that the fourth-floor loft that tenant entirely occupied consisted of two separate apartment units, and that he was the tenant of record of only one of...

Four-Year Rule Applied to Overcharge Claims

December 20, 2016    

Tenants brought a class action against landlord, seeing a declaration as to their rent-stabilized status and payment of damages for rent overcharges. Tenants claimed that landlord had improperly deregulated...

Court Stops Eviction After HRA Pays Back Rent Owed by Tenant

December 20, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay $12,000 owed by Sept. 5, 2016, and to pay current rent as it became due....

Co-op Can Evict Shareholder Tenant for Installing A/C System Without Permission

December 20, 2016    

Landlord cooperative corporation sued to evict shareholder tenant for breaching his proprietary lease by failing to obtain written consent before installing an air conditioning system. The written application...

Court Excuses Landlord's Default in Eviction Proceeding

December 20, 2016    

Landlord sued to evict rent-stabilized tenant’s grandson after tenant died. The court dismissed the case based on landlord’s failure to appear in court. Landlord later asked the court to excuse its...

Landlord's Nonrenewal/Termination Notice Was Specific Enough

December 20, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that the lease nonrenewal and termination notice was insufficient and therefore defective....

Landlord's Claim for Eviction Based on Chronic Nonpayment Denied

December 18, 2016    

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled against landlord, who appealed and lost. Tenant’s failure to pay rent led to the commencement of nine nonpayment proceedings over a...