NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlords Can Sue NYCHA for Failing to Increase Subsidies

February 11, 2013    

Four landlords who participated in the Section 8 rent subsidy program sued NYCHA for breach of contract, and sought payment of increased rent subsidies they claimed were unpaid for apartments located in several Bronx...

Tenant Doesn't Prove Housing Discrimination

February 11, 2013    

Tenant sued the NYC HDC, landlord, and the NYS Freedom of Information Law office in federal court, claiming housing discrimination. Tenant stated that he was a disabled veteran, a senior citizen, and a person of...

Tenant's Subsidy Terminated for Income Fraud

February 8, 2013    

HPD terminated tenant's Section 8 rent subsidy, finding that she fraudulently misrepresented her household income. Tenant filed an Article 78 court appeal, claiming that HPD's decision was arbitrary and...

Landlord Can't Add Underground Parking or Replace Courtyard

February 8, 2013    

Landlord asked the DHCR for permission to modify required services by building an underground parking facility four feet below the building complex courtyard, with 105 parking spaces that would be available for...

Tenant Injured When Window Sash Fell on Her

February 8, 2013    

Tenant sued landlord and its contractor for negligence. Tenant was injured when a window sash fell on her while she was sitting next to it. Landlord asked the court to dismiss the case without a trial, claiming that...

New Landlord Can Substitute into Proceeding After Judgment

February 8, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the judgment issued in connection with the settlement agreement...

Daughter's Occupancy Doesn't Bar Claim Against Tenant

February 8, 2013    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant's request to dismiss the case after tenant claimed that landlord had acknowledged that tenant's daughter...

Landlord Claims Tenant Primarily Resided in Husband's Studio

February 8, 2013    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord and dismissed the case. Landlord appealed and lost. Landlord claimed that tenant lived primarily ...

Neither Side Gets Attorney's Fees in Nonpayment Dispute

February 8, 2013    

Landlord cooperative corporation sued to evict tenant shareholder for nonpayment of maintenance. Tenant claimed constructive eviction and asked for a maintenance abatement and attorney's fees. In 2004,...

Tenant Can't Challenge Housing Court's Eviction Order

February 8, 2013    

Tenant sued landlord in federal court and asked the court to stay the execution on an eviction warrant issued by the housing court. Tenant claimed that he was a member of the "sovereign citizen movement,"...

Tenant Trips Over Cement Bag in Building Lobby

February 8, 2013    

Tenant sued landlord for negligence after she tripped, while carrying an infant, over a cement bag that was used to prop open the vestibule door in the building's lobby. Landlord claimed that it wasn't...

Affidavit of Service Proves Court Papers Were Delivered

February 8, 2013    

Landlord sued to evict tenant for nonpayment of rent. Although he filed an answer in court using the housing court's preprinted form, tenant claimed that he never received a copy of landlord's notice of...