NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Co-op Responsible for Failing to Restore Tenant's Terrace After Storm

October 21, 2016    

Cooperative shareholder tenant sued landlord cooperative corporation, claiming breach of lease and breach of implied warranty of habitability. In 2007, a storm damaged the terrace that tenant shared with next-door...

Daughter Gets Rent-Controlled Apartment

October 21, 2016    

Landlord sued to evict rent-controlled tenant’s daughter after tenant died. The daughter claimed succession rights. Tenant died in 2015 at the age of 99. Her daughter was 72 and claimed that she moved into the...

Tenant Claims Inadequate Fire Safety Warning Devices in Building

October 21, 2016    

Tenant sued landlord, claiming that landlord was responsible for injuries he suffered when he jumped from a second-story fire escape platform at his apartment building in response to a fire at the building next door...

Income of Remaining Co-Tenant Was Below Deregulation Threshold

September 23, 2016    

Landlord applied for high-rent/high-income deregulation of tenant’s rent-controlled apartment in 2006, after serving an Income Certification Form (ICF) on April 27, 2006. The DHCR ruled against landlord. The...

Tenant’s Claim That Staircase Defect Caused Her Fall Dismissed

September 23, 2016    

Tenant sued landlord, claiming that she was injured falling down a staircase in her apartment building. Landlord claimed that any defect in the staircase was trivial and the court granted landlord’s request to...

Landlord Seeks Eviction of Tenant Based on Son's Illegal Drug Activity

September 23, 2016    

Landlord sued to evict Section 8 tenant for breach of her lease based on drug-related criminal activity by tenant’s son. Tenant asked the court to dismiss the case, claiming that the events in question occurred...

Landlord's Retaliatory Action Resulted in Loss of Tenant's Section 8 Subsidy

September 23, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant’s lease rent was $850 per month and about half of that was paid directly to landlord by Cohoes Housing Authority under the Section 8 program. At some...

New Trial Ordered After Former Tenant Gets Full Rent Abatement for Apartment Conditions

September 23, 2016    

Landlord sued former tenant to recover five months’ unpaid rent. Tenant claimed breach of the warranty of habitability and asked for a setoff. Landlord presented documentation that violations were cured, and...

Landlord Can Withhold Daily Use and Occupancy from Tenant's Security Deposit

August 21, 2016    

Former tenant sued landlord for the return of his security deposit after he moved out of the apartment. The court ruled for tenant and ordered landlord to refund the deposit, minus the sum of $55 to be withheld for...

Housing Court Had No Authority to Rule on Tenant's Motion for Unpaid Settlement Sum

August 21, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out by Oct. 31, 2013. In return, landlord agreed to waive...

Landlord Can Evict Tenant Who Didn't Sign Renewal Lease

August 21, 2016    

Landlord sued to evict rent-stabilized tenant for failure to sign a renewal lease. The court ruled for landlord and awarded landlord $49,000 in back rent owed. Tenant appealed and lost. All of tenant’s...

Tenant Hadn't Paid Rent During Four Years Before She Filed Overcharge Claim

August 21, 2016    

Landlord sued to evict unregulated, month-to-month tenant. Tenant claimed that she was rent stabilized and that she had been overcharged. Landlord argued that the apartment had been vacancy deregulated before tenant...