NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Tenant's Niece Can't Get Apartment

January 11, 2013    

Landlord sued to evict rent-stabilized tenant's niece after tenant died. The niece claimed she was entitled to succession rights. The court and appeals court ruled for landlord. The niece appealed again and lost...

Subsidy Termination Hearing Request Was Untimely

December 12, 2012    

Tenant filed an Article 78 appeal, challenging NYCHA's decision to terminate her Section 8 rent subsidy. The court ruled for tenant and revoked NYCHA's decision. NYCHA appealed and won. The four-month time...

Tenant Can't Vacate Default Judgment

December 12, 2012    

Landlord sued to evict unregulated tenant after tenant's lease expired. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment....

Landlords Can't Vacate Settlement with NYSDHR

December 12, 2012    

The State Division of Human Rights (DHR) investigated several landlords for housing discrimination based on race, family status, and/or age. During the course of the investigation DHR signed a settlement agreement...

Tuckahoe Housing Commissioners Dismissed for Misconduct

December 12, 2012    

The mayor of the Village of Tuckahoe held a hearing and found two housing authority commissioners guilty of neglect and misconduct. The two THA commissioners were removed from their posts. The commissioners appealed...

Tenant Can File Late Notice of Claim Against NYCHA

December 12, 2012    

Tenant sued the city and NYCHA for negligence after his father slipped and fell on a walkway due to accumulated snow and ice. Tenant asked the court for permission to file a late notice of claim. The court ruled for...

Mitchell-Lama Co-op Seeks Privatization

December 11, 2012    

Landlord, a limited-profit housing company operating a low- to moderate-income Mitchell-Lama development, filed an Article 78 court proceeding to compel HPD to approve its plan to privatize the development, and to...

Loft Building Is Interim Multiple Dwelling

December 11, 2012    

Landlord sued to eject tenants from loft building, claiming that they used the building for residential purposes in violation of their commercial leases. Tenants asked the court to dismiss the case. They claimed that...

Tenant Can't Vacate Settlement Agreement

December 11, 2012    

Landlord brought both a holdover for refusal to give access for repairs and a nonpayment proceeding against elderly rent-controlled tenant in housing court. After a joint trial of the two cases began, landlord and...

Tenant Waited Too Long to Appeal Subsidy Termination

December 11, 2012    

Tenant filed an Article 78 petition, appealing NYCHA's decision to terminate her Section 8 rent subsidy. The court ruled against tenant and dismissed the case. Tenant appealed and lost. Tenant received NYCHA'...