NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Mitchell-Lama Tenant's Family Member Can't Get Apartment

February 27, 2019    

Mitchell-Lama tenant's family member sought succession rights to tenant's apartment after tenant died. HPD ruled against tenant's family member, who then filed an Article 78 court appeal, claiming that...

NYCHA Tenant's Son Can't Get Apartment

February 27, 2019    

Landlord NYCHA tenant's son filed a grievance with NYCHA after tenant moved out, claiming succession rights to tenant's apartment. NYCHA ruled against tenant's son, who filed an Article 78 court appeal...

Court Can't Amend Judgment to Add Money Award to Landlord

February 27, 2019    

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court that called for a judgment of possession in landlord's favor. Landlord later asked the court to amend the judgment to...

Can FNMA Evict Tenants from Co-op Apartment?

February 27, 2019    

The Federal National Mortgage Association (FNMA) sued to evict tenants from a co-op apartment. FNMA was the assignee of a successful bidder in a nonjudicial foreclosure sale of the building, and it claimed that it...

Court Vacates Settlement Agreement for Tenant Who Had No Attorney

February 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. Landlord obtained a judgment and eviction warrant based on tenant's default. The day after eviction, tenant asked the court to vacate the judgment and warrant...

Landlord Can Evict Tenant Based on Chronic Nonpayment of Rent

February 21, 2019    

Landlord sued to evict rent-stabilized tenant for substantially breaching his lease and/or creating a nuisance by continuously failing to pay his rent on time. Landlord claimed that it had to commence seven...

Court Papers Stating No Reason for Termination Are Defective

February 21, 2019    

Landlord sued to evict ETPA tenant. Tenant asked the court to dismiss the case, claiming that she was rent controlled, not rent stabilized. Tenant claimed that she moved into the apartment on June 1, 1966, not 1986...

Did Apartment Contain Lead-Based Paint That Sickened Child?

February 21, 2019    

Tenant sued landlord NYCHA for negligence after her child was diagnosed with lead poisoning. The court ruled for landlord and dismissed the case. Tenant appealed, and the case was reopened. The rebuttable presumption...

Eviction Proceeding Didn't Identify Occupant as Squatter

February 21, 2019    

Landlord sued to evict apartment occupant, claiming that the occupant was a licensee of former rent-stabilized tenant who no longer had a right to continue to live in the apartment after tenant died. The court ruled...

Evicted Tenant Excused from Settlement Default and Restored to Possession

February 21, 2019    

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant consented to the entry of a judgment of possession in landlord's favor, with execution of the warrant stayed provided she pay her rent by the...

Tenant Was Rent Stabilized, Not Rent Controlled

February 21, 2019    

Tenant claimed that he was rent controlled and asked the DHCR for a ruling on the issue. The DRA ruled for tenant. Landlord appealed and won. The DHCR ruled that tenant was rent stabilized, not rent controlled....

Landlord Didn't Serve Termination Notice Before Seeking Eviction of Tenant

February 21, 2019    

Landlord sued to evict rent-stabilized tenant for failing to renew his lease. Tenant asked the court to dismiss the case, claiming that the renewal rent offered was more than the legal regulated rent. The court...