NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Trial Needed to Determine Legal Rent

September 17, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed almost $9,000 at the rate of $959 per month. Tenant claimed that there was an agreement between landlord and HPD preventing...

No Eviction Permitted Where Occupant Not Shown Referee's Deed

September 17, 2013    

Purchaser of a foreclosed property sued to evict property occupant, who had owned the building prior to the foreclosure. The occupant asked the court to dismiss the case, claiming that new owner had failed to exhibit...

Court Won't Appoint GAL for Occupant

September 17, 2013    

Landlord sued to evict apartment occupant, claiming that he was a mere licensee of deceased tenant. Landlord and occupant signed a settlement agreement in court. Occupant agreed to move out by July 31, 2013, to pay...

Tenant Not Responsible for Unsubsidized Portion of Rent After Subsidy Terminated

September 17, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement, agreeing that she owed $5,600. Tenant later obtained an attorney and asked the court to vacate...

Landlord Can't Evict Tenant for Operating Daycare Center in Apartment

September 17, 2013    

Landlord sued to evict HUD tenant, claiming that tenant violated her lease by operating a daycare center in her apartment. Landlord and tenant, both represented by attorneys, signed a settlement agreement in court....

Landlord Didn't Prove Building Was 85 Percent Occupied by Rent-Regulated Tenants

September 17, 2013    

Rent-stabilized SRO tenant complained of a rent overcharge after landlord increased her monthly rent from $571 to $596. The DHCR ruled for tenant and ordered landlord to refund $2,350, including triple damages....

Stale Rent Defense Doesn't Require Dismissal of Nonpayment Claim

September 17, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed $79,000 for the period between October 2007 and February 2013. Tenant claimed that landlord had violated a prior...

Landlord Can't Sue Builders for Breach of Implied Housing Warranty

August 9, 2013    

Landlord cooperative corporation sued construction manager and general contractor, claiming breach of contract for apartment building renovation, breach of the implied housing warranty, and related claims. The...

Landlord Didn't Owe Former Super Overtime Wages

August 9, 2013    

Former building super sued landlord, claiming that landlord withheld overtime wages at time and one-half of his regular rate for hours worked in excess of 40 hours per week. He also claimed that he was constructively...

Tenant Sought Emergency Relief from City

August 9, 2013    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and an eviction warrant was issued. Tenant later asked the court to vacate the eviction warrant. The court ruled for tenant....

NYCHA Not Responsible for Exterminator's Attack on Tenant's Daughter

August 9, 2013    

Tenant sued NYCHA and its former exterminator, claiming that the exterminator had sexually assaulted her developmentally disabled daughter. Tenant claimed that NYCHA was responsible for the exterminator's conduct...

Trial Needed to Determine if Subtenant Had Succession Rights

August 7, 2013    

Landlord sued to evict rent-stabilized tenant Cogle for unauthorized subletting. One of the apartment occupants, Thornhill, claimed that she had succession rights from a prior rent-stabilized tenant, Jackson....