NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Questions Apartment’s Deregulation

December 15, 2015    

Landlord sued to evict tenant, claiming that she was unregulated. Tenant claimed that she was rent stabilized. The court granted landlord’s request to strike this defense and denied tenant’s request for...

Tenant Hospital Records May Prove When Granddaughter Moved into Apartment

December 15, 2015    

Landlord sued to evict rent-stabilized tenant’s granddaughter after tenant died. At trial, landlord sought to introduce records from two hospitals showing tenant’s admissions in 2012 and 2013. The...

Landlord Waited Too Long to Seek Eviction

December 15, 2015    

Landlord sued to evict tenant for performing unauthorized alterations in his apartment. The court granted tenant’s request to dismiss the case. Landlord appealed and lost. Landlord’s claim was time-barred...

Nephew Gets Rent-Controlled Tenant's Apartment

December 15, 2015    

Rent-controlled tenant’s nephew claimed succession rights in a complaint to the DHCR. The DHCR ruled for the nephew, finding that he qualified as a remaining nontraditional family member. Landlord appealed and...

Rent-Controlled Tenant's Wife Gets Apartment

December 15, 2015    

Landlord sued to evict rent-controlled tenant’s wife after tenant died. The wife claimed succession rights. The court ruled against landlord, who appealed and lost. At trial, the wife proved that she moved into...

Tenant's Chronic Nonpayment of Rent Didn't Constitute Nuisance

December 15, 2015    

Landlord sued to evict rent-stabilized tenant for nuisance, claiming that tenant intentionally chronically failed to pay rent in a timely manner in order to harass landlord. This was a violation of Rent Stabilization...

Tenants Removed Light Fixtures

December 15, 2015    

Former tenants sued landlord for return of a portion of their security deposit withheld after they moved out. Landlord returned $800 but kept $1000, claiming that tenants had removed lighting fixtures. The court...

Former Tenant's Son Can't Get Loft Unit

December 15, 2015    

Landlord sued to evict loft occupant, who claimed succession rights. The court ruled for landlord. Occupant appealed and lost. Occupant and his mother moved out of the loft in 1990 while occupant was still a child....

Tenant's Son Can't Get NYCHA Apartment

December 15, 2015    

Tenant’s son requested succession rights to a NYCHA apartment after tenant died. NYCHA ruled against the son, who appealed and lost. NYCHA reasonably found that the son wasn’t a remaining family member...

Rent Hike for Painting of Rent-Controlled Apartment Limited

December 15, 2015    

Landlord appealed the DHCR’s decision that a rent increase resulting from landlord’s first-time painting of tenant’s rent-controlled apartment should be based on the highest estimate submitted by...

Tenant's Daughter Didn't Properly File Appeal

December 15, 2015    

NYCHA tenant’s daughter sought succession rights after tenant died. The daughter had asked NYCHA for permission to join tenant’s household in October 2008. NYCHA approved the request in February 2009, and...

Did Landlords Know About Lead Paint Condition in Apartment?

November 25, 2015    

Former tenant sued landlords for negligence, claiming that he was injured by exposure to lead paint in his apartment as a child. Landlords claimed that they weren’t responsible, and the court granted landlords...