NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Fails to Prove Claimed Nuisance Conditions

January 25, 2016    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord’s termination notice claimed that tenant made alterations to the apartment without landlord’s written consent, failed to...

Tenant's Nephew Can't Get Mitchell-Lama Apartment

January 25, 2016    

HPD denied Mitchell-Lama co-op apartment occupant’s application for succession rights after tenant moved out. The occupant, who was tenant’s nephew, filed an Article 78 appeal, claiming that HPD’s...

Landlord's Termination Notice Was Too Vague

January 25, 2016    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. The court dismissed the case, finding that landlord’s termination notice wasn’t specific enough. Landlord appealed and lost. The...

DHCR Must Reconsider Decisions on Resurfacing Work

January 25, 2016    

Landlord applied for MCI rent hikes based on resurfacing a building’s exterior brick walls. The DHCR’s Rent Administrator ruled against landlord, finding that the useful life of prior work hadn’t...

Rent Overcharge Resulted from Prior Rent Reduction Order

January 25, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent arrears totalling $5,760 in installment payments and landlord could execute...

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

January 25, 2016    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant’s sister appeared and claimed succession rights. She claimed that she moved into the apartment when tenant did in 1979....

Landlord Must Refile Application to Add Garage

December 21, 2015    

Landlord of apartment complex asked the DHCR for permission in 2008 to modify courtyard services by building an underground parking garage under the courtyard. Entry and exits from the parking facility would take...

Tenant Evicted for Excessive Apartment Clutter

December 21, 2015    

Landlord sued to evict tenant for creating a nuisance based on a cluttered apartment condition. The parties signed a settlement agreement in court. Tenant was later evicted after failing to cure the condition. The...

Tenant Gets 25 Percent Rent Abatement

December 21, 2015    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for tenant in part and awarded some rent abatement for breach of the warranty of habitability. Tenant appealed and won, in part. The appeals...

Landlord Waited Too Long to Seek Rent Arrears

December 21, 2015    

Landlord sued to evict elderly, low-income tenant for nonpayment of rent. Due to an accounting error, landlord had undercharged, and tenant had underpaid, tenant’s SCRIE credit for the period between February...

Did Landlord Know About Lead Paint Condition?

December 15, 2015    

Brother and sister sued landlord for claimed injuries resulting from their childhood exposure to lead paint in their apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for...

Tenant Broke into Storage Room and Threatened Building Staff

December 15, 2015    

Landlord, a supportive housing facility for formerly homeless military veterans, sued to evict tenant for breach of lease and nuisance. The trial court ruled for landlord, who proved that tenant intentionally smashed...