NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Claims He Needs Tenant's Apartment for His Own Use

August 18, 2015    

Landlord sued to evict rent-stabilized tenant from apartment for owner occupancy. Tenant claimed that landlord’s lease nonrenewal notice didn’t state sufficient facts to support landlord’s claim....

Tenant's Niece Can't Get Rent-Controlled Apartment

August 18, 2015    

Landlord sued to evict rent-controlled tenant’s niece after tenant died. The niece claimed succession rights. The court ruled for landlord after a trial, finding that the niece failed to prove either that she...

Landlord Not Entitled to First Rent for Altered Apartment

August 18, 2015    

Tenant complained to the DHCR of rent overcharge. Landlord claimed that it had properly set an unregulated initial rent for a newly created apartment when tenant moved in. Prior tenant had paid $831 per month for a...

Insufficient Proof of Second-Hand Smoke

August 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on second-hand smoke coming from the upstairs apartment. The court ruled against...

Landlord May Be Responsible for Dog Attack on Tenant’s Guest

August 18, 2015    

After a child attended a Halloween party at landlord’s apartment building, he visited tenant’s apartment and was bitten by tenant’s pit bull dog. The child’s family sued tenant and landlord...

Tenant Can't Be Restored to Possession

August 18, 2015    

Landlord sued to evict tenants for nonpayment of rent. Both tenants defaulted, and landlord then signed a court-ordered settlement agreement with apartment occupant. Judgment was entered for landlord, with the...

Landlord Denied Request to Transfer Apartment to Family Member

July 24, 2015    

Landlord cooperative corporation sued to evict shareholder tenants for assigning their proprietary lease and co-op shares to their son in violation of their lease. The court granted tenant’s request to dismiss...

Tenant Can Cure Unauthorized Alterations After Trial

July 21, 2015    

Landlord sued to evict rent-stabilized tenant for violating his lease by performing unauthorized alterations in his apartment. The court ruled for landlord after trial and gave tenant 10 days to cure. Landlord...

Attorney's Fees Award to Tenant Excessive

July 19, 2015    

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord, who appealed and lost. Tenant asked for attorneys’ fees and was awarded $49,470. Landlord appealed, claiming the award was...

Landlord Can Evict Tenant for Abusive Behavior

July 19, 2015    

Landlord sued to evict rent-...

Tenant Constructed Loft in Apartment

July 19, 2015    

Landlord sued to evict tenant for breaching her lease and creating a nuisance by making illegal alterations in her apartment. Landlord claimed that tenant had constructed a loft in the apartment. Tenant claimed that...

Landlord Sought Eviction of Tenant’s Daughter Without Terminating Tenancy

July 19, 2015    

Landlord sued to evict apartment occupant...