NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Landlord Didn't Object to Tenant's Dog in Time

February 13, 2015    

Landlord sued to evict rent-stabilized tenant for keeping a dog in violation of her lease. Tenant claimed that she had kept the dog for more than 90 days without objection from landlord and that the dog was a service...

Neither Landlord Nor Tenant Gets Attorney's Fees in HP Case

February 13, 2015    

Co-op shareholder tenant sued landlord cooperative corporation, co-op board members, and HPD in housing court, seeking repairs arising from a pipe that burst in 2006. She asked the court to order landlord to...

Hotel Unit Subject to Rent Stabilization

February 13, 2015    

Landlord sued to evict apartment hotel tenant, claiming that she was unregulated. Tenant claimed that she was subject to rent stabilization. The court ruled against landlord, who appealed and lost. Landlord claimed...

Engineer Consultant Fee Included in MCI Increase

February 13, 2015    

(Decision submitted by David L. Hamill, of counsel to Judith M. Brener, Esq., who represented the landlord.)

Landlord Can Restore Case After 16 Months

January 26, 2015    

Landlord sued to evict tenant for making unauthorized apartment alterations. Both sides were represented by attorneys and agreed to mark the case off the court's calendar while conducting pretrial questioning and...

HPD Approval Needed for Lease in City-Owned Building

January 26, 2015    

Tenants' association sued to void a lease entered with tenant for an apartment in a building owned by the City of New York. The court ruled for the tenants' association. Tenant appealed and lost. Because the...

Eviction Blocked Pending Ruling on Whether Foreclosure Was Valid

January 24, 2015    

A co-op apartment shareholder tenant defaulted on a $180,000 mortgage loan she obtained to purchase a Brooklyn apartment. The lender foreclosed on the apartment in 2011, then assigned the property to the Federal...

Tenant Forfeits Security Deposit After Early Move-Out

January 21, 2015    

Former tenant sued landlord for return of his security deposit. The court ruled against tenant and granted landlord's counterclaim for unpaid rent. Tenant appealed and lost. Tenant had moved out of the apartment...

Mitchell-Lama Conversion to Private Co-op Not Taxable Real Estate Transfer

January 21, 2015    

Trump Village, a Brooklyn housing development since 1961, left the Mitchell-Lama program in 2007 to become a private cooperative building by paying the mortgage, dissolving, and then reforming as a...

Tenant Must Stop Short-Term Rentals While Eviction Case Is Pending

January 21, 2015    

Landlord sued to eject rent-controlled tenant for renting out rooms in her apartment via Airbnb to tourists and others for short-term stays. Landlord asked the court to issue a temporary injunction against tenant...