NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Did Landlord Have Notice of Urine in Stairwell?

February 16, 2016    

Tenant sued landlord for negligence after falling in a building stairwell. Landlord claimed that it wasn’t responsible and asked the court to dismiss the case. The court ruled against landlord, who appealed and...

Landlord Can Evict Tenant Who Refused to Sign Renewal Lease

February 16, 2016    

Landlord sued to evict rent-stabilized tenant for failing to renew her expiring lease. The court ruled for landlord but gave tenant a right to cure and to sign the renewal lease. Tenant appealed and lost, but the...

Evicted Tenant Resumes Rent-Controlled Status When Restored to Possession

February 16, 2016    

Landlord filed an Article 78 appeal of the DHCR’s decision that an apartment remained subject to rent control and that landlord wasn’t entitled to rent increases for certain apartment renovations. The...

Is Building Operated for Charitable Purpose Exempt from Rent Stabilization Despite J-51?

February 16, 2016    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant’s request to dismiss the case after landlord presented its side of things. Landlord appealed, and the case was reopened. Landlord...

Tenant Claims Landlord Responsible for Slip-and-Fall

January 27, 2016    

Tenant sued landlord for negligence after she slipped and fell in the building’s “garbage room.” The court granted landlord’s request to dismiss the case without a trial. Tenant appealed, and...

Roommate Can't Vacate Settlement Agreement

January 27, 2016    

Landlord sued to evict tenant and other apartment occupant. Landlord and tenant’s roommate signed a settlement agreement in court by which the roommate agreed to vacate by a certain date. The roommate later...

Tenant Didn't Move Out by Date Set in Court Stipulation

January 27, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Among other things, the agreement provided that landlord would forgive rent arrears but if tenant didn...

Tenant Who Made Unauthorized Apartment Renovations Can Be Evicted

January 27, 2016    

Landlord cooperative corporation sued to evict shareholder tenant for making unauthorized renovations to her apartment. The parties signed a settlement agreement in court by which tenant agreed to hire a licensed and...

Apartment Remains Rent-Controlled After J-51 Benefits Expire

January 27, 2016    

Landlord, who owned a cooperative apartment occupied by rent-controlled tenant, applied for high-rent/high-income deregulation of tenant’s apartment in 2008. The DHCR ruled against landlord. Landlord had...

SCRIE Credit Must Be Applied Toward Tenant’s Preferential Rent

January 27, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The trial court dismissed the case. Landlord appealed and lost. Landlord claimed that it properly applied tenant’s SCRIE credit to her legal...

NYCHA Can Evict Tenant Who Started Fire in Apartment

January 27, 2016    

Tenant filed an Article 78 appeal of landlord NYCHA’s decision to terminate his tenancy. Tenant claimed that NYCHA violated federal, state, and city antidiscrimination laws and that its decision was...

Tenant's Grandson Can't Get NYCHA Apartment

January 27, 2016    

The grandson of NYCHA tenant sought succession to tenant’s apartment after tenant died. Landlord NYCHA denied the grandson’s remaining family member claim. The grandson filed an Article 78 court appeal,...