NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenants' Son Can't Get Subsidized Apartment

June 27, 2016    

Tenants’ son claimed succession rights to an apartment regulated by HPD. HPD ruled against the son, who then filed an Article 78 appeal claiming that HPD’s decision was arbitrary and unreasonable. The...

Tenant Doesn't Prove There Were Ice Patches in Parking Lot

June 27, 2016    

Tenant sued landlord after she claimed that she slipped and fell on a patch of ice in the parking lot next to the apartment building. The court granted landlord’s request to dismiss the case without a trial....

HPD's Revocation of Tenant's Subsidy Was Too Severe a Penalty

June 27, 2016    

HPD terminated tenant’s Section 8 rent subsidy because tenant misrepresented his family composition. HPD ordered that the tenancy was terminated. Tenant filed an Article 78 appeal, claiming that HPD’s...

Tenant's Post-Mitchell-Lama Program Leases Had Expired

June 27, 2016    

Landlord sued to evict tenant of an unregulated apartment. The court ruled for landlord. Tenant appealed and lost. Landlord previously withdrew the building from the Mitchell-Lama program, and tenant signed several...

Tenant Claims Garage Space Is Required Ancillary Service

June 27, 2016    

Landlord brought a commercial eviction proceeding against rent-stabilized tenant after terminating tenant's garage lease. Landlord asked the court to rule in its favor without a trial. The court ruled for...

Landlord Created Illegal Cellar Apartment

June 17, 2016    

Landlord filed an Article 78 appeal to challenge an ECB ruling that landlord violated NYC administrative code provisions that required a permit to change occupancy of landlord’s building and which prohibited...

Tenant Can Seek Punitive Damages in Slip-and-Fall Case

June 17, 2016    

Tenant sued landlord for negligence after slipping and falling on kitty litter she claimed was left on the building’s interior staircase. Tenant claimed that she was forced to use the stairs due to a continuing...

Landlord’s Predicate Notices Were Defective

June 17, 2016    

Landlord sued to evict rent-stabilized tenant for nuisance and lease violation by constantly allowing cigarette smoke to emanate from his apartment and thereby disturbing other tenants and endangering their health....

Landlord Not Responsible for Shooting of Two Tenants in Vestibule

June 17, 2016    

Tenant and the family of another tenant sued landlord for negligence after they were shot in the building’s public vestibule. One of the tenants died. Landlord asked the court to dismiss the case without a...

Loft Tenant Violated Fire Code by Blocking Sprinkler System

June 17, 2016    

Loft tenant appealed a decision by ECB that reinstated a violation against her for obstructing the sprinkler system in her loft unit in violation of the NYC Fire Code and fined tenant $475. The court denied tenant...

Tenant Diligently Sought HRA Rental Assistance

June 17, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a probationary settlement agreement in court. Tenant was later evicted for failing to make payments of back rent as promised in the...

Default Judgment Against Tenant Vacated in Light of His Disabilities

June 17, 2016    

Landlord sued to evict tenant for nuisance. The court ruled for landlord based on tenant’s failure to appear for trial. Tenant later asked the court to vacate the judgment. The court agreed, a new judgment was...