NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Gets Attorney’s Fees in Eviction Case

February 22, 2016    

Landlord cooperative corporation sued to evict shareholder tenant for making apartment alterations in violation of her proprietary lease and house rules. The trial court ruled for landlord and then awarded landlord...

Landlord Doesn't Prove Tenant Violated Probationary Stipulation

February 16, 2016    

Landlord sued to evict tenant for engaging in objectionable conduct. Landlord and tenant signed a settlement agreement in court. The agreement gave landlord a judgment of possession and an eviction warrant, which was...

Tenant Refuses to Relocate Within Building During Renovation

February 16, 2016    

Landlord sued to evict rent-stabilized SRO tenant for refusing to relocate to a substantially similar unit under Rent Stabilization Code (RSC) Section 2524.3(g). Under that provision, landlord could send tenant a 20-...

Landlord Accepted Rent Between Termination Date and Service of Holdover Petition

February 16, 2016    

Landlord sued to evict month-to-month tenant after sending tenant a 30-day nonrenewal notice. When landlord subsequently sued to evict tenant, tenant asked the court to dismiss the case. Tenant claimed that landlord...

Loft Tenant's Estate Administrator Can't Take Possession

February 16, 2016    

Deceased tenant’s estate administrator, who was tenant’s brother, sued landlord, seeking to be restored to possession of tenant’s apartment. Tenant had moved into the apartment in 1978, became...

Tenant Didn't Exclude Occupant Who Engaged in Criminal Activity

February 16, 2016    

Landlord NYCHA terminated tenant’s tenancy after finding that tenant violated a permanent exclusion agreement. Tenant signed that agreement in 2009. NYCHA and tenant agreed that, in exchange for preservation of...

Landlord Must Refund Over $800,000 to Tenant

February 16, 2016    

Tenant sued landlord for rent overcharge. The court ruled for tenant and ordered landlord to refund over $875,000, including triple damages. Landlord appealed and lost.

Did Mitchell-Lama Landlord Properly Collect HUD Excess Rent?

February 16, 2016    

Mitchell-Lama tenants brought a combined Article 78 proceeding and court action against landlord, claiming that landlord improperly increased their rents. Tenants claimed that landlord’s original mortgage was...

Did Landlord Create Condition That Caused Stairway Slip-and-Fall?

February 16, 2016    

Tenant sued landlord for negligence after a slip-and-fall in the building stairway. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible for tenant’s injury....

Landlord Discriminated Against Prospective Tenant Based on Familial Status

February 16, 2016    

Landlord appealed the decision by the State Human Rights Commission that landlord discriminated against prospective tenant based on familial status and which awarded tenant $5,000 for mental anguish. The court ruled...

Agent Refused to Show Apartment to Tenant with Child

February 16, 2016    

The NYC Human Rights Commission ruled that landlord violated the city Human Rights Law by refusing to rent to prospective tenants who expected a baby, and ordered landlord to pay $5,000 in compensatory damages and...

NYCHA Tenant's Stepdaughter Can't Get Apartment

February 16, 2016    

NYCHA apartment occupant claimed succession rights after her tenant-stepfather died. Landlord NYCHA ruled against occupant after a hearing. Occupant then filed an Article 78 court appeal and lost. NYCHA’s...