NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Wife Gets Succession Rights to Tenant's Rent-Controlled Apartment

November 17, 2016    

Landlord sued to evict tenant’s wife, who claimed succession rights. The court ruled for the wife and dismissed the case. Landlord appealed and lost. First, the trial court properly found that, although the...

Landlord Not Responsible for Pedestrian's Trip and Fall Over Garbage Bags

November 17, 2016    

Pedestrian sued landlord for negligence after she tripped and fell on garbage bags placed on the sidewalk in front of landlord’s building. Landlord claimed that it wasn’t responsible for any injuries, and...

Did Faulty Elevator Impeding EMS Response Cause Tenant's Death?

November 17, 2016    

Tenant sued landlord for negligence after a broken elevator inside the building delayed emergency medical service workers from transporting her daughter to a hospital for more extensive treatment after she suffered a...

Landlord Can't Increase Improperly Deregulated Rent

November 17, 2016    

Tenant sued landlord for rent overcharge and claimed that he was improperly deregulated. Initially, the court ruled against tenant, who appealed and won. The appeals court found in 2015 that although landlord was...

Tenant Claims Marshal Didn't Deliver 72-Hour Notice

October 28, 2016    

Landlord sued to evict tenant after tenant failed to sign a rent-stabilized renewal lease. Tenant signed a settlement agreement in court promising to pay $12,000 in rent arrears and to move out by Sept. 30, 2010. The...

Schizophrenic Tenant Evicted Despite DSS Attempts to Reinstate Her

October 28, 2016    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $26,000 for two years’ rent. The court ruled for landlord based on tenant’s default and the marshal notified DSS that tenant...

Tenant Spent Time at Girlfriend’s Apartment

October 25, 2016    

Landlord sued to evict rent-controlled tenant for nonprimary residence. The trial court ruled against landlord, who appealed and lost. Landlord didn’t present many of the documents typically relied on to...

Landlord Waived Right to Object to Tenant's Pet

October 25, 2016    

Landlord sued to evict tenant for violating her lease by harboring a pet without landlord’s permission. Tenant claimed that a prior proceeding for the same relief was dismissed by the court due to landlord...

Rent-Controlled Tenant's Son Gets Apartment

October 25, 2016    

Landlord sued to evict rent-controlled tenant’s son after tenant died. The trial court ruled against landlord and found that the son proved he had succession rights. Landlord appealed and lost. The record...

Landlord Couldn't Support Its Illegal Sublet Claim

October 25, 2016    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Landlord claimed that tenant lived outside the city and had sublet or assigned the apartment to a named individual without first obtaining...

HPD Properly Gave Landlord Certificates of Eviction

October 25, 2016    

Mitchell-Lama tenants filed an Article 78 court appeal of decisions by HPD to grant landlord’s applications for certificates authorizing eviction proceedings against tenants. The court ruled against tenants and...

Tenant's Appeal of DHCR Decision Wasn't Filed Within 60 Days

October 21, 2016    

Tenant filed an Article 78 appeal of the DHCR’s decision that her building wasn’t subject to rent stabilization. The court ruled against tenant, who appealed and lost. Tenant didn’t file her Article...