NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Didn't Breach Settlement Concerning Property Held in Fire-Damaged Apartment

November 21, 2019    

(Decision submitted by Adam Leitman Bailey of the Manhattan law firm of Adam Leitman Bailey, P.C., attorneys for the landlord.)

Tenants Can Pursue Overcharge Claim Under Six-Year Statute of Limitations

November 21, 2019    

Tenants sued landlord, seeking a declaration that: (a) their apartment was rent stabilized; (b) they were entitled to a rent-stabilized lease; and (c) they had been overcharged. The court granted landlord's...

Tenants Can't Raise Negligence Claim in Federal Court

November 21, 2019    

Tenants sued Con Edison and landlord in federal court, claiming that they were negligent by failing to remedy a gas leak and to remove mold, roaches, rats, and garbage from in and around their apartment. Tenants...

Landlord Incorrectly Claimed Apartment Was Unregulated

October 28, 2019    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant was unregulated. But tenant showed that she was rent stabilized, and the case was dismissed based on landlord's failure to...

Lease Limited Payable Rent to Prior Tenant's Rent Under SCRIE Program

October 28, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Prior tenant, who was tenant's mother, had SCRIE benefits and paid a reduced monthly rent of $555 under her 2016 and 2018 renewal leases....

Tenant Must Comply with Amended LIHTC Income Recertification Requirements

October 28, 2019    

Landlord sued to evict rent-stabilized tenant based on a claimed violation of a substantial obligation of her tenancy. Landlord claimed that tenant failed to certify under the requirements of the Low Income Housing...

Landlord Can't Evict Tenant's Daughter While Succession Claim Grievance Still Pending

October 28, 2019    

Landlord sued to evict tenant's adult daughter after tenant died. The daughter had filed an Article 78 appeal of NYCHA's decision denying her remaining family member grievance, and it was undisputed that the...

Landlord Can Seek Eviction of Month-to-Month Tenant

October 28, 2019    

Landlord sued to evict unregulated tenant from two-family house for nonpayment of rent. Landlord claimed that tenant owed rent totalling $35,680 for the period between January 2018 and May 2019. Tenant asked the...

Rent-Stabilized Tenant Didn't Comply with Document Production Order

October 28, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. When tenant failed to comply with an agreement to produce certain documents during  pretrial questioning, landlord asked the court to...

Non-Purchasing Tenants in Former Mitchell-Lama Building Weren't Rent Stabilized

October 28, 2019    

Nonpurchasing tenants in a cooperative building complex sued landlord co-op corporation, claiming that they were rent stabilized. The court ruled against tenants, who appealed and lost. The complex didn't become...

Tenant Sues Landlord After Tripping Over Mat in Lobby

October 25, 2019    

Tenant sued landlord for negligence, after she tripped and fell over a mat placed in front of an elevator in the building lobby. Tenant claimed that the mat was defective because it had curled-up edges. She also said...

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

October 25, 2019    

Mitchell-Lama apartment occupant claimed succession rights after tenant died. HPD ruled against the occupant, who then filed an Article 78 court appeal. The court ruled against the occupant. Although occupant was a...