NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

NYCHA Tenant's Daughter Can't Get Apartment

November 20, 2015    

Tenant’s daughter appealed NYCHA’s decision that she didn’t qualify for succession rights after tenant died. The court ruled against the daughter. The daughter didn’t occupy the apartment with...

Tenant Not Responsible for Remaining Lease Term Rent After He Moved Out

November 19, 2015    

Landlords sued former tenant in small claims court, to recover unpaid rent for the four months that remained on tenant’s lease after tenant moved out. Landlord also claimed property damage. The court ruled...

Landlord Can Evict Tenant for Chronic Nonpayment of Rent

November 19, 2015    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent by the fifth of each month or face eviction, and that “time is...

Tenant and Family Were Properly Evicted Under Warrant

November 19, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, entered a final judgment of possession and approved an eviction warrant. Tenant and a family member were then...

Unsigned Settlement Agreement Enforceable

November 19, 2015    

Landlord sued to evict rent-stabilized tenant for owner occupancy. After settlement negotiations, landlord refused to sign a stipulation of settlement. Tenant asked the court to enforce the settlement agreement and...

Tenant Moved to Florida Before Lease Nonrenewal Notice Sent

November 19, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court dismissed the case after a trial. Landlord appealed, and the case was reopened. Landlord showed that tenant permanently vacated the...

New Trial Needed on Whether to Evict Tenant for Illegal Drug Activity

November 19, 2015    

Landlord sued to evict tenant for illegal drug activity in a public housing apartment. The court ruled for landlord after a trial, finding that the apartment was used for the illegal business of packaging cocaine for...

Rent-Controlled Tenant’s Nephew Has No Succession Rights

November 19, 2015    

Landlord sued to evict apartment occupant, who was tenant’s nephew, after rent-controlled tenant died. The nephew claimed succession rights. He had moved into the apartment in 2010 as a companion to tenant, who...

SRO Hotel Guest Who Requests Lease Becomes Permanent Tenant

November 19, 2015    

Occupant, a taxi driver, checked into SRO hotel at 3 p.m. for the night of Aug. 3, 2015, and paid for the room. On that date, occupant gave landlord a written request to become the permanent tenant of the room by...

Landlord Must Produce Rent History Records

November 19, 2015    

Landlord sued to evict improperly deregulated tenant of a building receiving J-51 benefits. Tenant claimed that she was rent stabilized and that there was a rent overcharge. The court and appeals court ruled that...

Tenant Awarded $26,950 in Attorney's Fees

November 19, 2015    

Landlord sued to evict tenant and lost after trial. The court then awarded tenant $26,950 in attorney’s fees. Landlord appealed, claiming that it wasn’t given a hearing on whether the attorney’s fee...

Landlord Without Valid Deed Can't Evict Tenant

October 23, 2015    

Landlord sued to evict month-to-month tenant from one-family house. The “tenant” claimed that he had rented the house from prior landlord under a 10-year lease with an option to renew or purchase the...