NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

NYCHA Never Advised Tenant of Objection to Son

May 13, 2013    

NYCHA denied the request of deceased tenant's son for a lease based on succession rights. NYCHA ruled against the son, finding him ineligible for his own lease. The son appealed and won, in part. Tenant had lived...

Tenant Can Get Attorney's Fees for Prior Proceeding

May 13, 2013    

Landlord sued to evict family member of rent-stabilized tenant who claimed succession rights. The court ruled against landlord. Family member asked for attorney's fees. The court ruled for family member in part,...

Was Former Tenant's Son Injured by Lead Paint?

April 15, 2013    

Plaintiff, the son of a former tenant, sued landlord for damages arising from his exposure to lead paint as a child. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord....

Prior Court Ruling Held Co-op Tenants Were Rent Stabilized

April 15, 2013    

Landlord cooperative corporation sued to evict tenants, claiming that they were unregulated. Tenants argued that they were subject to rent stabilization and cited a prior court ruling. The court ruled for tenants and...

NYCHA Tenants and Guests Claim Unlawful "Stop and Frisk" Actions by NYPD

April 15, 2013    

Plaintiffs, who were NYCHA tenants and their guests, sued the City of New York and NYCHA, claiming that the NYPD used unlawful stops, searches, and arrests to enforce prohibitions against trespassing in...

Tenant Can't Challenge Eviction in Federal Court

April 15, 2013    

Former tenant sued landlord, a city marshal, an administrative judge, and a court clerk in federal court after he was evicted following a landlord-tenant summary proceeding in housing court. Tenant claimed various...

Tenant's Son Can't Get Rent-Stabilized Apartment

April 15, 2013    

Landlord, a cooperative shareholder, sued to evict rent-stabilized tenant's son after tenant died. Tenant claimed pass-on rights. The court ruled for landlord. The son appealed and lost. Tenant, who was elderly,...

Illegally Converted Building Was Rent Stabilized

April 15, 2013    

Landlord sued to evict two month-to-month tenants, claiming that their apartments were unregulated. The court ruled against landlord and found that the two apartments were rent stabilized. Landlord appealed and lost...

Shareholder-Tenants Contest Assessment for Local Law 11 Facade Work

April 15, 2013    

Landlord cooperative corporation sued to evict 56 tenant-shareholders for failing to pay a special assessment to finance completion of building facade repairs required by Local Law 11. The court granted...

Court Rejects "Robo-Signed" Affidavits Seeking Default Judgments in Nonpayment Proceedings

April 15, 2013    

Various landlords, represented by the same attorneys, sued to evict tenants for nonpayment of rent. In each case, the tenant failed to answer the petition and landlord sought default judgments by submission of...

Tenant Claims Back Rent Calculation Incorrect

April 15, 2013    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord when tenant's attorney failed to appear for trial. The case was later reopened, and the parties, by their attorneys, signed a...

NYCHA's Decision to Evict Elderly Tenant Ruled Unfair

April 15, 2013    

Tenant appealed NYCHA's decision to terminate her tenancy. The court ruled for tenant and sent the case back to NYCHA for imposition of a lesser penalty. NYCHA appealed and lost. The appeals court found that the...