NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Were Short-Term Stays Profiteering by Tenant?

July 11, 2014    

Landlord sued to evict rent-stabilized tenant of a three-bedroom apartment, claiming that tenant was profiteering by renting to a series of short-term stay occupants between March and December 2010. Landlord asked...

Landlord Can't Remove Tenants' Association from Community Room

July 11, 2014    

Landlord cooperative corporation sued to eject tenants' association from the community room of a rent-stabilized building. Tenants asked the court to dismiss the case while landlord asked the court to compel...

Tenant's Fraud Claim Insufficient to Thwart Four-Year Rule

July 11, 2014    

Tenant complained to the DHCR of rent overcharge. Landlord claimed that the apartment was unregulated, but the DHCR found that tenant was rent stabilized because the building was receiving J-51 benefits. However, the...

Was Landlord Responsible for Tenant's Slip and Fall on Icy Landing?

July 11, 2014    

Tenant sued landlord for negligence after she slipped and fell down a wooden staircase leading from the building's second floor. Landlord asked the court to dismiss the case without a trial, claiming that she...

Landlord Must Sue Tenant's Estate to Evict Deceased Tenant's Son

July 11, 2014    

Landlord sued to evict tenant's son, who was the sole beneficiary of deceased rent-stabilized tenant's estate. Landlord claimed that tenant's estate had breached a substantial obligation of the tenancy by...

Tenant Can't Vacate Settlement Agreement

July 11, 2014    

Landlord sued to evict rent-stabilized tenant for failing to sign a renewal lease. Landlord and tenant, represented by an attorney, signed a settlement agreement in court by which tenant waived any defenses, admitted...

Tenant Gets 80 Percent Rent Abatement for Uncorrected Violations

June 17, 2014    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed back rent for the period between January 2011 and November 2013. Tenant claimed that apartment conditions breached the warranty...

Tenant Wasn't Rent Stabilized Until 421-a Tax Benefits Took Effect

June 12, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant had moved into the apartment on Feb. 1, 2012, under a one and one-half year lease. The monthly rent was $3,180, with a preferential rent of $2,850 for the...

Landlord Mistakenly Failed to Collect Lease Renewal Increase

June 12, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant had signed a two-year renewal lease commencing Jan. 1, 2010, at a monthly rent of $671. But landlord continued to bill tenant at $611 per...

Tenant Caused His Own Injury on Fire Escape

June 12, 2014    

Tenant sued landlord and its fire escape installer for negligence after he was injured in a fall. Tenant had returned to his apartment at 3 a.m. after an evening of drinking. Tenant realized he had locked himself out...

Tenant's Discrimination Claim Dismissed

June 12, 2014    

Section 8 tenant sued landlord, several of her neighbors, and a police officer claiming discrimination based on gender and disability in violation of laws including the Fair Housing Act (FHA), Americans with...

Tenant Doesn't Prove Second Dog Needed to Accommodate Disability

June 12, 2014    

Section 8 tenant sued landlord in federal court claiming discrimination based on disability. Landlord had allowed tenant to keep a dog that tenant acquired in violation of her lease because tenant claimed disability...