NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Building Completed Before 1974 Subject to Rent Stabilization

August 6, 2013    

Landlord sued to evict tenant, claiming that he was unregulated. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. Landlord appealed and lost. The six-story building...

Landlord Didn't Deliver Court Papers to Tenant's Alternate Address

August 6, 2013    

Landlord cooperative corporation sued to evict tenant shareholder for unauthorized sublet of tenant's co-op apartment. Tenant asked the court to dismiss the case based on improper delivery of its court papers....

DOH Revokes License for Adult Home Based on Violations

July 10, 2013    

The New York State Department of Health (DOH) revoked the operating certificate of the operator of a licensed adult home. The operator appealed, claiming that DOH's decision was arbitrary and unreasonable. The...

Is Landlord Responsible for Tenant's Exposure to Lead Paint as a Child?

July 10, 2013    

Tenant sued landlord for negligence, claiming that he was injured as a child when exposed to lead paint in landlord's building. Landlord asked the court to dismiss the case without a trial. Tenant asked the court...

Termination Notice Signed by Landlord's Attorney Not Defective

July 10, 2013    

Landlord sued to evict tenant. Tenant asked the court to dismiss the case, claiming that tenant's 30-day termination notice was defective. Tenant claimed that the termination notice was signed only by landlord...

No Attorney's Fees for Tenant Who Illegally Sublet Apartment

July 10, 2013    

Landlord sued former tenant to recover attorney's fees that landlord incurred in connection with an eviction case against subtenant. The court ruled against landlord, but awarded tenant $35,000 in attorney's...

Tenant Fails to Prove Eviction Was Retaliatory

July 10, 2013    

Landlord sued to evict month-to-month tenant after 26 years. Tenant paid $510 per month for the apartment, which had no kitchen, and performed custodial chores at the building. At some recent point, landlord...

Landlord Accepted Rent After Sending Termination Notice

July 10, 2013    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting of her apartment. Tenant asked the court to dismiss the case without a trial. She claimed that landlord accepted payment of rent after service...

Tenant Gets Attorney's Fees

July 10, 2013    

Landlord cooperative corporation entered tenant-shareholder's apartment without prior notice to tenant on Aug. 25, 2011, in response to neighbors' complaints of a stench coming from tenant's apartment....

Tenant Cured Lease Renewal Failure in Time

July 10, 2013    

Landlord sued to evict rent-stabilized tenant for failing to renew her lease. The court ruled for landlord, and awarded possession and a money judgment against tenant for $7,589. The court gave tenant 10 days after...

Deemed Renewal Lease Barred by RPL Section 232-c

July 10, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, granting possession, a money judgment for $10,883, and attorney's fees. Tenant appealed and won. Landlord's...

MCI Increase Granted Despite a Few Defective Windows

July 10, 2013    

Landlord applied for MCI rent hikes based on the building-wide installation of new windows. The DHCR ruled for landlord except that increases were barred for a few apartments where defective window installations were...