NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Occupant Can't Stop Eviction Proceeding in Federal Court

March 18, 2015    

A family member claiming succession rights sued landlord NYCHA in federal court, in connection with a pending eviction proceeding commenced by NYCHA against him. The family member claimed that he had been...

Court Finds Tenant Lives Elsewhere with Her Husband

March 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant was a self-employed artist who had succeeded to the apartment as a family member of the prior rent-stabilized tenant. Landlord claimed...

Four-Year Rule Didn't Apply Due to Landlord's Fraud

March 18, 2015    

Tenant moved into a rent-stabilized apartment in November 2003 at a rent of $1,800 per month. In December 2003, landlord registered the apartment with the DHCR, stating that a prior tenant paid $1,000...

Tenant Gets 15-20 Percent Rent Abatement for Roof Leaks

March 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement.

Landlord Didn't Prove Breach of Probationary Stipulation

March 18, 2015    

Landlord sued to evict rent-stabilized tenant for creating a nuisance due to tenant's behavior. Landlord and tenant signed a probationary settlement agreement in court. Tenant agreed to refrain from the...

Traverse Hearing Needed to Show Whether Tenant Defaulted

March 18, 2015    

Landlord sued to evict tenant for nonpayment. The court ruled for landlord based on tenant's failure to answer the petition. Tenant then asked the court to vacate the default, claiming that he had an excuse for...

Super Subject to Rent Stabilization After Employment Ended

March 17, 2015    

Landlord sued to evict former building super from Room A1 after the super's employment was terminated. The super claimed that he was previously rent stabilized and therefore again subject to rent stabilization....

Tenant's PAR Properly Dismissed as Untimely

March 17, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who then filed a PAR. The DHCR dismissed tenant's PAR as untimely. Tenant then filed an Article 78 court petition claiming that...

Court Must Retry Claim That Renewal Lease Rent Was Too High

March 17, 2015    

Landlord, a cooperative corporation, sued to evict tenant for refusing to renew his lease. The court ruled against landlord and dismissed the case because the extreme rent increase offered in the renewal offered by...

Tenant Used Apartment for Short-Term Rentals

March 17, 2015    

(Decision submitted by Jeffrey H. Seiden of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the landlord.)

Landlord sued to evict rent-stabilized...

Tenant Gets Attorney's Fees Under RPL Section 234

March 17, 2015    

Landlord sued to evict tenant for breaching his lease by failing to obtain prior written consent before installing a new electrical system in his apartment kitchen. Tenant claimed retaliatory eviction because he had...

Tenant Didn't Prove Racial Discrimination

February 20, 2015    

Tenant sued landlord for racial discrimination after landlord refused to rent an apartment for low-income individuals to tenant. Tenant claimed that landlord violated the Fair Housing Act. The court ruled against...