NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Can Evict Tenant for Failing to Buy Co-op Apartment

March 23, 2016    

Landlord sued to evict tenant after the building was converted to cooperative ownership and tenant failed to purchase her apartment. The court ruled for landlord. Tenant appealed and lost. Landlord showed good cause...

Rent Concession Rider Providing for Late Payment of Rent Was Improper

March 23, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord based on tenant’s default but later granted tenant’s request to vacate the default judgment. Landlord...

Tenant Gets 15 Percent Rent Abatement for Lack of Gas Service

March 23, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent at $3,081 per month. Among other things, tenant claimed breach of the warranty of habitability based on lack of gas service for several months. The...

Court Finds No Fraud in Landlord’s Rent Calculation

March 23, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent at $3,081 per month. Tenant claimed fraud and willful rent overcharge. The court found no fraud and ruled that the base rent date was May 26, 2011...

Settlement Agreement Vacated Based on Tenant’s Defense in Nonpayment Case

March 23, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant agreed to pay the back rent claimed by landlord. Later, tenant got an attorney and asked the...

Tenant Refused Access for Alteration Work Not Authorized by DOB

March 23, 2016    

Landlord sued to evict rent-stabilized tenant for failing to provide access to her apartment so that landlord could make necessary alterations. Landlord claimed that it needed to remove certain windows that opened...

Tenant Claims She Fell in Bathroom Due to Falling Tiles

March 23, 2016    

Tenant sued landlord for negligence after she fell in her bathroom. Tenant claimed that she fell because of tiles falling off the bathroom wall. The court denied landlord’s request to dismiss the case. Landlord...

Apartment Occupant Can’t Appeal Owner Occupancy Award

March 17, 2016    

Landlord sued to evict rent-stabilized tenant for owner occupancy. The trial court ruled for landlord. Apartment occupant appealed and lost. Landlord showed a good faith intention to have her married daughter and son...

Eviction Proceeding Improperly Dismissed

March 17, 2016    

Landlord sued to evict tenant for illegal subletting. The court denied landlord’s request for a default judgment against tenant and granted the subtenant’s request to dismiss the case. Landlord appealed...

Apartment Should Be Rent Stabilized After Temporary Exemption

March 17, 2016    

Landlord sued to evict month-to-month tenant, claiming that tenant was unregulated. Tenant asked the court to dismiss the case, claiming that he was rent stabilized. The court ruled for tenant. Landlord appealed and...

Landlord Can Evict Tenant for Nonpayment of Rent

March 17, 2016    

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord. Tenant appealed and lost. Tenant’s pattern of default forced landlord to start five nonpayment proceedings over a...

Landlord Waived Right to Object to Tenant’s Dog

March 17, 2016    

Landlord sued to evict tenant for violating her lease by keeping a dog without landlord’s permission. The court ruled against landlord, who appealed and lost. Tenant showed that she had kept the dog openly and...