NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Fraud Indicated in Setting Base Rent

November 13, 2013    

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

Tenant Sold Marijuana at Apartment

November 13, 2013    

Landlord NYCHA terminated tenant's public housing tenancy based on nondesirability and breach of NYCHA's rules and regulations. NYCHA's decision was based on the fact that tenant was selling marijuana...

Triple Damages Upheld by Court

November 13, 2013    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund the overcharge with triple damages. Landlord appealed and lost. The court and appeals court ruled that...

Tenant's First Rent Was Proper Base Rent

November 13, 2013    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled against tenant, finding no overcharge. Tenant filed an Article 78 court appeal and lost. The court and appeals court found that the DHCR reasonably...

Son of Deceased Tenant Must Start Eviction Case to Remove Brother from Apartment

November 13, 2013    

After rent-controlled tenant died, one of her sons ousted his brother from the apartment. The brother had been in possession of the apartment at the time and sued the son, seeking restoration to the premises. The...

Bank Must Maintain Building in Foreclosure

October 13, 2013    

HPD brought two HP proceedings against Deutsche Bank, which held the mortgage for landlord's building and was in the process of foreclosing on the property. HPD claimed that the bank was responsible for...

Tenant Can't Challenge Eviction in Federal Court

October 10, 2013    

Tenant sued new landlord in federal court after landlord started an eviction proceeding against her. The court dismissed the case. Any challenge tenant might have to her eviction arises under New York State law...

Condo Unit Owner Failed to Claim Landlord-Tenant Relationship with Board

October 10, 2013    

A condominium board brought a foreclosure action against a unit owner, seeking to recover common charges and fees owed. The court denied the board's request to rule in its favor without a trial. The board...

Landlord Fraudulently Registered Prior Rent and Nonexistent Tenant

October 10, 2013    

Tenant moved into a rent-stabilized apartment in November 2003 at a rent of $1,800 per month. In December 2003, landlord registered the apartment with the DHCR, stating that a prior tenant paid $1,000...

Landlord Not Responsible for Tenant's Slip and Fall During Ice Storm

October 10, 2013    

Tenant sued landlord for negligence after slipping and falling on ice in front of her building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled...