NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Eliminated Tenant Parking Spaces

January 11, 2013    

Rent-stabilized tenants sued landlord after landlord tried to terminate tenants' parking lease riders and eliminate or relocate their parking spaces to an underground parking garage. Tenants sought a preliminary...

Court Can Determine Legal Regulated Rents

January 11, 2013    

Landlord asked the DHCR to determine the legal regulated rents for five tenants' apartments. The DHCR declined because tenants already had raised that issue in a civil court case against landlord. Landlord filed...

Landlord Not Responsible for Lead Paint Injuries

January 11, 2013    

Tenant sued landlord on behalf of her children, claiming that they were injured by lead-based paint in their apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord,...

Mandatory IRA Distributions Are Income for Luxury Deregulation Purposes

January 11, 2013    

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2008. The DHCR ruled for landlord, based on its finding that tenant's adjusted household income in 2006 and 2007 exceeded...

Landlord Can Seek Luxury Deregulation After J-51 Benefits Expire

January 11, 2013    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. Tenant claimed that he wasn't subject to high-rent deregulation because the building received J-51 tax benefits....

Tenant Evicted After Violating Settlement Agreement

January 11, 2013    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, and then a later agreement placing tenant on probation. The court and appeals court later...

Tenant Evicted for Nonpayment Can't Vacate Warrant

January 11, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent arrears by May 20, 2011. The court granted tenant several extensions of time...

Did Tenant Cause Two Apartment Fires?

January 11, 2013    

Landlord sued to evict tenant for creating a nuisance by starting two apartment fires. The court ruled for landlord without a trial based on Fire Department reports. Tenant appealed, and the case was reopened. There...

Tenant Shot in Building Lobby

January 11, 2013    

Tenant's family sued landlord for negligence after tenant was fatally shot in the building lobby by attackers. The family claimed that the attacker gained access due to a negligently maintained lock. The...

Presumption of Retaliatory Eviction Doesn't Apply

January 11, 2013    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed retaliatory eviction as a defense, because landlord started the case within six months after tenant complained to HPD about apartment conditions....

Landlord Didn't Wait Too Long to Seek Back Rent

January 11, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed five months' back rent. Tenant asked the court to dismiss the case, claiming that landlord waited too long to start the...

Tenant with DHCR Rent Reduction Can Still Seek Rent Abatement

January 11, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability and asked for a rent abatement. Landlord asked the court to dismiss this claim without a...