NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Must File Article 78 Petition to Challenge Unpaid Subsidies

October 8, 2013    

Landlord sued NYCHA in Civil Court for breach of contract, seeking the recovery of unpaid federally funded Section 8 rent subsidies and consequential damages. NYCHA asked the court to dismiss the case, arguing that...

Settlement of RICO Claim Between Landlord and Tenants Upheld

October 8, 2013    

A large group of 20,000 current and former rent-stabilized and rent-controlled tenants sued landlord, claiming that landlord engaged in a conspiracy to fraudulently increase rents in violation of the...

Tenant Not Subject to Rent Stabilization

October 8, 2013    

Landlord sued to evict unregulated tenant for nonpayment of rent. The court ruled for landlord, awarding landlord possession and rent totalling $13,800. Tenant appealed and lost. Tenant claimed that he was rent...

Four-Year Base Date Applied Where No Proof of Landlord Fraud

October 7, 2013    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled against tenant, finding no overcharge. Tenant filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and...

Landlord's Attorneys Violated FDCPA

September 18, 2013    

Attorneys representing landlord, a new client, sued to evict elderly rent-controlled tenant for nonpayment of rent. Tenant answered, pointing out that he had a Senior Citizens Rent Increase Exemption (SCRIE) and...

Landlord Charged Excessive Late Rent Fees

September 17, 2013    

Landlord sued to evict tenant, who failed to appear on an adjourned court date. The court ruled for landlord based on tenant's default, granting a judgment of possession and for unpaid rent. An eviction warrant...

Tenant Can't Stop Landlord from Renovating Apartment

September 17, 2013    

Tenant cooperative shareholder sued landlord co-op corporation, challenging the landlord's plan for renovation of her apartment and seeking to prevent waterproofing and facade repair work from going forward. The...

Tenant Used Residence for Commercial Purposes

September 17, 2013    

Landlord sued to evict tenant for violating her residential lease. Landlord also claimed that tenant owed $7,650 in back rent. Tenant claimed that landlord told her she could use the premises for commercial purposes...

Tenant Claims Retaliatory Eviction

September 17, 2013    

Landlord sued to evict month-to-month tenant from a two-family house after delivering a 30-day termination notice. Landlord claimed that tenant was unregulated and had remained in the apartment after his two-year...

Landlord Can't Base Holdover Proceeding on Nonpayment of Rent

September 17, 2013    

Landlord sued to evict tenant based on nonpayment of rent. But landlord filed a holdover proceeding instead of a nonpayment proceeding. The court ruled that this was procedurally incorrect and dismissed the case....

Landlord Improperly Obtained Default Judgment and Eviction

September 17, 2013    

Landlord sued to evict tenant co-op shareholder for nonpayment of monthly maintenance. Tenant never answered or appeared in housing court. Landlord then sought a default judgment and issuance of an eviction warrant....

Evicted Tenant May Seek Stay of Eviction Pending Appeal

September 17, 2013    

Landlord sued to evict tenant for nonprimary residence. In June 2013, the court ruled for landlord and stayed execution on the eviction warrant through July 15. On July 3, tenant served and filed a notice of appeal....