NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Didn't Keep Tenant from Re-occupying Apartment After Incarceration

May 17, 2016    

Tenant sued other apartment occupants and landlord, claiming breach of quiet enjoyment and wrongful eviction. Tenant had rented the apartment in 1979, and lived there with his girlfriend and their daughter. Landlord...

Tenant's Granddaughter Can't Get NYCHA Apartment

May 17, 2016    

Landlord NYCHA denied granddaughter’s succession claim after tenant died. The granddaughter filed an Article 78 court appeal, claiming that NYCHA’s decision was arbitrary and unreasonable. The court ruled...

Tenant Can't Vacate Post-Eviction Settlement Agreement

May 17, 2016    

Landlord sued to evict tenant and obtained a final judgment based on tenant’s failure to appear in court. Tenant and her subtenants were evicted. Tenant later sought to vacate the default judgment and, after...

Tenant's Absence from Apartment Was Excusable

May 17, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Although tenant was away from the apartment for more than 183 days per year during the relevant...

Landlord Can Evict Tenant Whose Guests Fought at Building

May 17, 2016    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant had permitted up to 15 people to live in the apartment, causing physical destruction of the premises and the...

Landlord Can't Get Money Judgment Without Personal Delivery of Court Papers to Tenant

April 26, 2016    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in part based on tenant’s failure to appear. Landlord was entitled to a judgment of possession and eviction warrant. But, since...

New Landlord Must Allow Both Sides Access to Inspect Staircase in Trip-and-Fall Case

April 26, 2016    

Tenant sued landlord and restaurant located in the building after a trip-and-fall incident on an interior staircase of the building. Tenant and prior landlord sought access to the staircase for inspection. Current...

Landlord Can't Get Attorney's Fees in Discontinued Case

April 26, 2016    

Tenant sued landlord in housing court, claiming harassment pursuant to the Housing Maintenance Code. Tenant later discontinued the case. Landlord asked for attorney’s fees. The court ruled against landlord, who...

Tenant's Sister Can't Get Rent-Stabilized Apartment

April 19, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant’s sister appeared in response and claimed succession rights. The court ruled for the sister and dismissed the case. Landlord...

Trial Needed on Landlord’s Claim of Airbnb Sublet Profiteering

April 19, 2016    

Landlord sued to evict rent-stabilized tenant for illegal sublet profiteering and asked the court to rule in its favor without a trial. The court ruled against landlord, who appealed and lost. Landlord claimed that...

Loft Board Previously Ruled Apartment Wasn't Rent Regulated

April 19, 2016    

Landlord sued to evict month-to-month tenant and asked the court to rule in its favor without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant couldn't claim that the apartment was rent...

Tenant's Daughter Gets Rent-Controlled Apartment

April 19, 2016    

The DHCR granted succession rights claim of rent-controlled tenant’s daughter. Landlord filed an Article 78 appeal, claiming that the DHCR’s decision was unreasonable. The court ruled against landlord,...