NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Finds Unregulated Tenant Was Actually Rent Stabilized

August 21, 2016    

Landlord sued to evict unregulated, month-to-month tenant. Tenant claimed that she was rent stabilized. Landlord argued that she was entitled to collect a negotiated unregulated rent from tenant when tenant moved...

Landlord's 11th Motion to Remove 7A Administrator Denied by Court

August 17, 2016    

Tenants sued landlord, seeking appointment of an Article 7A administrator for their building. The court appointed a 7A administrator, and landlord later asked the court to remove the administrator and reinstate...

NYCHA Must Reconsider Daughter's Succession Claim

August 17, 2016    

NYCHA tenant’s daughter filed a remaining family member grievance, seeking succession rights to tenant’s apartment. NYCHA ruled against the daughter for failure to pay use and occupancy. The daughter...

Landlord Not Entitled to Additional Rent from Month-to-Month Tenant

August 17, 2016    

Landlord sued former tenant for unpaid rent and use and occupancy. The court ruled against landlord, who appealed and lost. At trial, tenant showed that he was a month-to-month tenant at the time he moved out, that...

Did Schizophrenic Tenant Knowingly Permit Son’s Drug Activities?

August 17, 2016    

Landlord sued to evict tenant based on illegal activities at the apartment. The trial court ruled for landlord, and tenant appealed. The appeals court ruled that the case should be reopened. Landlord proved that the...

Trial Needed on Succession Rights Claim by Rent-Stabilized Tenant's Son

August 17, 2016    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Landlord claimed that tenant lived in upstate New York and that tenant’s son lived in the apartment. Tenant acknowledged that he didn...

Yonkers Housing Authority Wrongly Terminated Tenant's Rent Subsidy

August 16, 2016    

Tenant filed an Article 78 appeal to challenge Yonkers Housing Authority’s decision to terminate tenant’s participation in the housing voucher program. The court ruled for tenant. The housing authority...

Newly Created Apartment with High First Rent Was Exempt from Stabilization

August 16, 2016    

Former tenant sued landlord, claiming that his apartment was rent stabilized. Landlord claimed that the unit was unregulated and asked the court to dismiss the case. The court ruled for landlord. Landlord had...

Tenant's Grandnephew Gets Mitchell-Lama Co-op Apartment

August 16, 2016    

The grandnephew of a deceased Mitchell-Lama cooperative tenant filed an Article 78 court appeal of HPD’s decision that he didn’t have succession rights to tenant’s apartment. The court ruled for the...

Three Incidents of Noise Didn't Create Nuisance

August 16, 2016    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by excessive noise on at least three occasions. Tenant denied landlord’s claim and asked the court to dismiss the case without a trial. The...

Tenant Refused Access for Window Installation

August 16, 2016    

Landlord applied for MCI rent hikes based on building-wide installation of new windows. The DHCR ruled for landlord. One tenant filed an Article 78 appeal, claiming that the DHCR’s decision was unreasonable...

Was Landlord Responsible for Tenant’s Injury from Exposed Radiator?

July 26, 2016    

Tenant sued landlord after he was injured by contact with an exposed radiator in his apartment. The court denied landlord’s request to dismiss the case without a trial. Landlord appealed and lost. There was a...