NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Seeks Eviction Because Child Occupied SRO Unit

May 13, 2015    

Landlord sued to evict SRO hotel tenant for illegal occupancy because a 6- or 7-year-old child was living in the unit in violation of Housing Maintenance Code Section 27-2076(b). The court granted tenant's...

Rent Wasn't High Enough for Vacancy Deregulation

May 13, 2015    

Tenant sued landlord for rent overcharge, claiming that he was subject to rent stabilization. Landlord claimed that tenant was unregulated. The court ruled for landlord and dismissed the case. Tenant appealed and won...

Tenant Claims Child Harmed by Lead-Based Paint in Apartment

April 23, 2015    

Former tenant sued landlord, claiming that lead paint violations had injured her child. Tenant also claimed negligence and breach of the warranty of habitability. The court denied tenant's request to decide the...

Court Finds No Indicia of Fraud in Connection with Overcharge Claim

April 23, 2015    

Landlord sued to evict deregulated tenants for nonpayment of rent. In a request to amend their answer to the petition, tenants claimed that they were rent stabilized and questioned whether the apartment was properly...

Landlord Could Restore Case Marked Off Calendar

April 23, 2015    

Landlord sued to evict various rent-stabilized tenants for owner occupancy purposes. The cases were consolidated in housing court and were set for trial when the parties marked the matter off calendar after telling...

Tenant Spent Substantial Time Working in Argentina

April 23, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed and lost. Tenant was absent from the apartment for nine months during 2009, eight...

Successor Tenant Not Responsible for Rent Accrued Before She Signed Lease

April 23, 2015    

Landlord sued to evict project-based Section 8 tenant for nonpayment of rent. Tenant claimed that she didn't owe any rent for periods prior to April 16, 2012. The court agreed with tenant and dismissed this...

Mitchell-Lama Tenant's Daughter Was Given Shares in Apartment

April 23, 2015    

After Mitchell-Lama tenant died, HPD issued an order stating that tenant's daughter didn't have succession rights and could be evicted. The daughter filed an Article 78 appeal, claiming that HPD's...

Tenant Claims Landlord Responsible for His Slip and Fall on Ice

April 23, 2015    

Tenant sued landlord for negligence after he slipped and fell on ice in front of his building. Landlord asked the court to dismiss the case without trial, claiming that it wasn't responsible. The court ruled...

Landlord's Default Vacated in HP Proceeding

April 23, 2015    

Co-op shareholder tenant sued landlord cooperative corporation in housing court, seeking certain repairs. The court ruled for tenant based on landlord's failure to appear. Landlord later asked the court to vacate...

Tenant's Son Claims Illegal Lockout

April 23, 2015    

Rent-controlled tenant's son sued landlord for illegal lockout after tenant died. The court granted landlord's request to dismiss the case without a trial. The son appealed, and the case was reopened. There...

Tenant Claims Garage Space Was Required Ancillary Service

April 23, 2015    

Landlord brought a commercial eviction proceeding against rent-stabilized tenant after terminating tenant's garage lease. Landlord asked the court to rule in its favor without a trial. The court ruled for...