NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

NYCHA Didn't Properly Notify Tenant of Subsidy Termination

December 16, 2013    

NYCHA terminated tenant's Section 8 rent subsidy. Tenant then filed an Article 78 court appeal against NYCHA and landlord. NYCHA claimed that tenant's appeal was untimely. The court ruled for tenant. NYCHA...

Landlord Needn't Send Notices to Tenant in Brazil

December 16, 2013    

Landlord sued to evict tenant and apartment occupant, claiming unauthorized subletting. The court denied a request by tenant and occupant to dismiss the case without a trial. They appealed and lost. Occupant didn...

No Notice to Cure Required in Nuisance Case

December 16, 2013    

Landlord sued to evict rent-controlled tenant for creating a nuisance by keeping her apartment in an unsanitary manner. Landlord claimed that the apartment was in filthy condition, filled with garbage, stench, and a...

Tenant Fell on Broken Step

December 16, 2013    

Tenant sued landlord NYCHA for damages after he was injured at landlord's building. Landlord asked the court to dismiss the case. The court ruled for landlord. Tenant appealed, and the case was reopened. Although...

No Proof of Lead Paint Ingestion Presented

December 16, 2013    

Tenant sued landlord, claiming that her child was injured by exposure to lead paint in tenant's apartment. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost....

Landlord Can't Get Attorney's Fees in Case Not Involving Lease Breach

December 16, 2013    

Tenant sued landlord for rent overcharge and asked the court to declare that he was a rent-stabilized tenant entitled to a two-year lease. Landlord claimed that the case was groundless and made a claim for attorney...

Tenant's Grandson Claims Succession Rights

December 16, 2013    

Landlord sued to eject rent-controlled tenant and her grandson, claiming that tenant failed to maintain the apartment as her primary residence. Tenant had moved into a nursing home in 2009. The court ruled for...

Tenants' Association Can't Appeal DHCR Decision Without Attorney

December 15, 2013    

After the DHCR granted landlord's application for MCI rent hikes, the building's tenants' association filed an Article 78 appeal, challenging the rent increases. The court and...

HUD Tenant Didn't Disclose Disqualifying Income

December 15, 2013    

Landlord sued to evict HUD tenant for material noncompliance with his lease. The trial court ruled for landlord. Tenant appealed and lost. In both his initial 2002 application and in subsequent annual income...

Tenant's Domestic Partner Gets Apartment

December 15, 2013    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights and asked the court to dismiss the case based on documents and without a trial. She claimed that...

Landlord Can't Seek Damages from Tenant That Ran Homeless Shelter

December 15, 2013    

Landlord sued the City of New York, its Department of Homeless Services, and the Salvation Army, which had leased landlord's building. Tenant operated a homeless center there under an agreement with the...

Landlord Fined for Contempt

November 18, 2013    

Tenant sued landlord, seeking correction of HPD violations in his apartment. Landlord initially failed to appear in court and later signed a court-ordered settlement agreement with tenant and HPD after tenant asked...