NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Proved Tenant's Primary Residence Was in Barbados

December 15, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. There was undisputed proof that tenant wasn’t present in the apartment at...

No Termination Notice Required Before Eviction Proceeding

December 15, 2016    

Landlord sued to evict unregulated tenant whose lease had expired. Tenant claimed that landlord hadn’t first sent him a termination notice. The court ruled for tenant and dismissed the case. Landlord appealed...

Landlord Can Evict Tenant Who Threatened Other Tenant with Gun

December 15, 2016    

Landlord sued to evict tenant for engaging in criminal activity that threatened the health or safety of other building residents, in violation of his HUD lease. The court ruled for landlord after a trial. Tenant...

Tenant Who Never Moved In Can't Claim Breach of Warranty of Habitability

December 15, 2016    

Cooperative shareholder tenant sued landlord. He claimed that when he bought the apartment in 1999, landlord knew and had approved his plan to convert the apartment’s lower level art studio into bedrooms but...

Landlord Claims Tenant Breached Agreement to Refrain from Excessive Noise

December 15, 2016    

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court in which tenant agreed to refrain from permitting excessive noise during a specified probationary...

Housing Authority Can Evict Tenant for Drug-Related Activity

December 15, 2016    

Tenant filed an Article 78 appeal of the public housing authority’s decision to terminate her tenancy based on violation of her lease through drug-related activity at the apartment. The court ruled against...

Appeals Court Must Decide Husband's Petition for Succession Rights

December 15, 2016    

Landlord denied husband’s request for apartment succession rights after tenant died. The husband claimed that he was a remaining family member and filed an Article 78 appeal in State Supreme Court. The court...

Landlord Can Evict Tenant Who Conducted Short-Term Rentals Through Airbnb

December 15, 2016    

Landlord sued to evict rent-stabilized tenant for unlawful subletting of her apartment and profiteering. The court ruled for landlord. Tenant appealed and lost.

Tenant Refused to Pay Use and Occupancy While Case Pending

December 15, 2016    

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Elderly Tenant Didn't Understand Court Procedure

November 28, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord based on tenant’s default. Tenant later asked the court to vacate the default judgment. The court ruled for...

Board Can Bar Co-op Tenants from Parking on Grass Outside Building

November 28, 2016    

Cooperative shareholder tenants sued the co-op’s board of directors, claiming that the board breached its fiduciary duty to them by barring them from parking on grass behind their building. The court granted...

Trial Court Denied Landlord's Claim Against Lease Guarantor

November 28, 2016    

Landlord sued tenant’s guarantor for payment of over $11,000 in unpaid rent. Landlord asked the court for a ruling without a trial. The court ruled against landlord after a conference, finding there were...