NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Lease Signed Without HPD Approval Was Void

November 18, 2013    

The City of New York owned a building that was net leased to tenants' association under HPD's Tenant Interim Lease (TIL) program. Tenants' association then became the building's landlord. In 2004,...

Super Improperly Installed A/C in Tenant's Apartment

November 18, 2013    

Landlord sued tenant for damages of $6,000 and one month's unpaid rent after an air conditioner fell from tenant's fifth-floor apartment window and through a lower-floor skylight. The court ruled for landlord...

Bankruptcy Stay Vacated

November 15, 2013    

After tenant's lease expired on Dec. 31, 2011, landlord started an eviction proceeding against tenant. In March 2013, the housing court ruled for landlord but stayed eviction for six months until September 2013,...

Landlord's Attorney Didn't Violate FDCPA

November 15, 2013    

Tenants sued landlord's attorney, claiming violations of the Fair Debt Collection Practices Act (FDCPA). The attorney represented landlord in a real estate closing. Tenants in the building had stopped paying rent...

NYCHA Tenant's Subsidy Can Be Terminated for Fraud

November 15, 2013    

NYCHA terminated tenant's Section 8 rent subsidy on the grounds of fraud. Tenant appealed and lost. Substantial evidence supported NYCHA's decision. Tenant engaged in a scheme with his landlord to submit...

Tenant Waited Too Long to Appeal Subsidy Termination

November 15, 2013    

NYCHA terminated tenant's Section 8 rent subsidy. Tenant appealed NYCHA's decision after landlord started an eviction proceeding against her for nonpayment. The court and appeals court ruled against tenant...

Appeals Court Improperly Reversed Trial Court's Ruling

November 15, 2013    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after trial. Tenant appealed and lost, then appealed again and the court's decision was reversed. Landlord then...

Mitchell-Lama Tenants' Son Gets Apartment

November 13, 2013    

The DHCR denied a son's appeal from landlord limited-profit housing company's rejection of his application for succession rights to tenants' Mitchell-Lama apartment. The son filed an Article 78 court...

Prior Landlord Became Rent-Stabilized Tenant

November 13, 2013    

Rent-stabilized tenants sued landlord and prior landlord in 2008 for rent overcharge. They moved into the apartment in 2006 at an initial rent of $1,400 per month. Prior tenant had owned the apartment until 1998 when...

Tenants Violated Court Stipulation

November 13, 2013    

Landlord sued to evict tenants for chronic nonpayment of rent. Landlord and tenants signed a probationary settlement agreement in court, which required tenants to pay rent on time in the future during the probation...

Default by Incarcerated Tenant Excused

November 13, 2013    

Landlord sued to evict rent-controlled tenant for unlawful subletting without landlord's permission. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to...

Tenant Slipped and Fell on Icy Landing

November 13, 2013    

Tenant sued landlord for negligence, claiming that he was injured when he slipped and fell on the front entrance landing as he left for work at 8 a.m. on Dec. 24, 2008. He stated that the landing was covered in a...