NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Are Occupants Tenants' Immediate Family Members?

January 13, 2014    

Landlord sued to evict rent-stabilized tenants for unauthorized occupancy. Tenants asked the court to dismiss the case without a trial. The court ruled against tenants. Tenants were married and elderly. They had...

Family Member Can't Get Tenant's Apartment

January 13, 2014    

Landlord sued to evict rent-stabilized tenant and apartment occupant based on tenant's nonprimary residence. Occupant claimed that she had succession rights to the apartment. After pretrial questioning, landlord...

Rent-Stabilized Tenant's Sister Can't Get Apartment

January 13, 2014    

Landlord sued to evict rent-stabilized tenant's sister after tenant moved out of the apartment. The sister claimed succession rights. Landlord claimed that there was no question of fact and asked the court to...

Occupant Doesn't Prove Nontraditional Family Member Status

January 13, 2014    

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he was a nontraditional family member entitled to succession rights. The trial court ruled for occupant and dismissed...

Mitchell-Lama Garage Operator Gets 80 Percent Parking Rate Increase

January 13, 2014    

A parking garage owner asked the DHCR to approve monthly rent increases for Mitchell-Lama development tenants. The DRA ruled for the garage owner and granted a rate increase. The garage owner then filed an Article 78...

Tenant Can't Delay Eviction

December 17, 2013    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and a final judgment was entered in landlord's favor in July 2012. Tenant, who owed landlord over $7,100, later asked the court...

Apartment Was Deregulated by High-Rent Vacancy

December 17, 2013    

Landlord sued to evict unregulated tenant. Tenant claimed that he was rent stabilized. The court ruled for landlord. Tenant appealed and lost. Prior long-term rent-stabilized tenant moved out in 2007. Landlord then...

Tenant Can't Cure Objectionable Conduct

December 17, 2013    

Landlord cooperative corporation sued to evict tenant-shareholder based on objectionable conduct. The court denied landlord's request for a ruling without a trial and ordered a hearing on whether tenant had cured...

No Proof of Defects in Lobby Floor or Carpet

December 16, 2013    

Tenant sued landlord for damages after she was injured in her apartment building. Tenant tripped and fell on a recessed vestibule carpet in the lobby. The carpet was set and glued into a shell and surrounded by a...

Former Tenants Claim They Were Injured as Children by Lead Paint

December 16, 2013    

Former tenants sued landlord, claiming that they were exposed to lead paint in landlord's buildings when they were children. Among other things, they claimed that the federal and state laws, regulations, and...

Tenant Fell from Paint Bucket Used as Step Stool

December 16, 2013    

Tenant sued landlord for damages after she was injured in her apartment. Tenant fell after a paint bucket she was using as a step stool tilted over. Tenant claimed that this was caused by an uneven condition of her...

NYCHA Terminates Tenancy Based on Chronic Nonpayment

December 16, 2013    

Landlord NYCHA terminated tenancy based on tenant's chronic nonpayment of rent. Tenant appealed, claiming that NYCHA's decision was unreasonable. The court and appeals court ruled against tenant. NYCHA's...