NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Termination Notice Didn't Properly Make Claims for Illegally Subletting

November 28, 2016    

Landlord sued to evict HUD Section 8 tenant after sending a 10-day termination notice based on material noncompliance with tenant’s lease. Landlord claimed that tenant had assigned or sublet the apartment...

DHCR Properly Increased Rent Reductions for Electric Meter Conversion

November 18, 2016    

In January 2006, landlord applied to the DHCR for permission to convert a building with 433 rent-regulated apartments to individual electric metering and to terminate the inclusion of the cost of electricity in...

Tenant Can Seek Attorney's Fees in Discontinued Case

November 18, 2016    

Landlord sued to evict tenant. Later, landlord and tenant signed a settlement agreement in court that expressly gave tenant the right to seek attorney’s fees. But the housing court then denied tenant’s...

Tenant Entitled to Return of Commingled Security Deposit Despite Breach of Lease

November 18, 2016    

Tenant sued landlord and prior landlord for recovery of his security deposit. The court ruled against tenant, who appealed and won. Landlord’s failure to give tenant written notice of what bank held tenant...

Tenant's Husband Can't Get Mitchell-Lama Apartment

November 18, 2016    

HPD denied occupant’s application for succession rights to a Mitchell-Lama apartment. Occupant appealed and lost. HPD’s decision had a rational basis. The occupant was tenant’s husband but failed to...

Landlord Proves Rent-Controlled Tenant Primarily Resided in South Carolina

November 18, 2016    

Landlord sued to evict rent-controlled tenant for nonprimary residence and claimed that tenant primarily resided in South Carolina. The trial court ruled for landlord. Tenant appealed and lost. Landlord presented...

Landlord Should Provide Surveillance Videos to Tenant, at Tenant's Expense

November 17, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. During trial, tenant asked the court to preclude landlord from introducing videotape evidence of comings and goings from the building because...

Occupant Entitled to Hotel Stabilization Not Entitled to Attorney's Fees

November 17, 2016    

Occupant sued landlord for illegal lockout, claiming that he became a permanent tenant of a hotel-stabilized unit at landlord’s building. The court ruled against occupant, who appealed and won. Occupant used...

DHCR Can't Add Guideline Rent Increases After Setting Rent Using Default Method

November 17, 2016    

Tenant complained of rent overcharge. The DHCR ruled for tenant but found no willful overcharge and granted landlord Rent Guidelines Board increases in calculating the rent during the period of overcharge. The DHCR...

Was Landlord Responsible for Attack on Tenant by Other Tenant's Dog?

November 17, 2016    

Tenant who rented apartment in two-family home sued...

Landlord Responsible for Exterminating Bedbugs in Tenants' Apartment

November 17, 2016    

Tenants sued landlord for negligence, claiming that landlord never eradicated a bedbug infestation in their apartment that began in 2012. Landlord claimed that it wasn’t responsible for the conditions in...

DOB Violation for Cellar Apartment That Was Legal in 1938 Was in Error

November 17, 2016    

DOB issued a violation notice to landlord for having an illegal cellar apartment. Landlord opposed the violation, but the ALJ ruled against landlord and fined it $1,200. ECB denied landlord’s appeal. Landlord...