NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Gets 30 Percent Rent Abatement for Mold and Leaks

February 17, 2015    

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked the court to grant a 30 percent rent abatement based on apartment conditions. At a...

Evicted Tenant Can't Sue Landlord in Federal Court

February 17, 2015    

Former tenant sued landlord in federal court, claiming civil rights violations due to illegal eviction and that landlord took him to criminal court. Landlord asked the court to dismiss the case as frivolous. The...

Landlord Not Responsible for Boiling Water Spill in Apartment

February 17, 2015    

Tenant sued landlord for negligence after her 2-1/2 year-old child was injured by boiling water spilled in the kitchen of tenant's apartment. While she went to the bathroom, tenant had left her three children in...

Tenant Gets Rent Abatement for Non-Working Fireplace

February 17, 2015    

Landlord sued to evict tenant for nonpayment of rent. Monthly rent was $16,500 and by the time of trial, landlord claimed that tenant owed over $99,000. Tenant asked for a rent abatement for breach of the warranty of...

Landlord Not Responsible for Damage to Tenant's Property by Marshal

February 17, 2015    

Tenant sued landlord for damage due to loss of personal property. Tenant was evicted by a city marshal, who removed her belongings and put them in storage. The court later restored tenant to possession. But tenant...

Tenant Claims Discrimination Based on Mental Illness

February 17, 2015    

Landlord notified cooperative shareholder tenant in 2008 that he was in breach of his lease for failing to carpet 90 percent of his apartment floors and for refusing access to Verizon for installation of FIOS service...

Tenant Pays Preferential Rent for Adjoining Apartments

February 17, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent for Apartment 4D, claiming that tenant owed over $10,000 for 10 months' rent. Tenant had rented combined apartments 4C and 4D for 36 years....

Estate Administrator Can't Bring Eviction Case

February 14, 2015    

The administrator of the estate of a co-op apartment owner sued to evict the owner's son after sending a 30-day termination notice. The son claimed that he was entitled to the co-op shares, had lived there for...

Tenant Can Sue Landlord Again for Second Slip and Fall

February 14, 2015    

Tenant sued upstate landlord based on injuries she suffered in a slip and fall at her apartment. Landlord asked the court to dismiss the case without a trial because tenant had signed a release in a prior court...

Housing Court Can't Grant Attorney's Fees for Related DHCR Case

February 14, 2015    

Rent-stabilized tenant moved into an apartment in 1991 at a monthly rent of $5,747 with a preferential rent of $3,000. Prior landlord renewed the lease a number of times at the preferential rate, but in 2004,...

Landlord Can't Vacate Judgment That Attorney Agreed To

February 14, 2015    

Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord claimed that tenant owed more than $13,000 in back rent. Landlord's attorney was unable to appear on the appointed court date and sent a...

Landlord Can Evict Tenant If Access Not Provided

February 13, 2015    

Landlord sued to evict tenant for refusing to provide access so that landlord could replace the heating system located in and servicing tenant's apartment. Landlord had been replacing the original electric...