NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Condo Board Acted Properly by Replacing Roof

December 23, 2018    

Condominium unit owners sued condo board, which had replaced the building's roof despite individual unit owners' renovation work.  The court ruled against the unit owners, who appealed and lost. The unit...

Co-op Shareholder Tenant Made Alterations Without Landlord's Consent

December 23, 2018    

Landlord cooperative corporation sued to evict shareholder tenant for altering her apartment without landlord's permission. Landlord claimed that tenant performed extensive work in her apartment bathroom,...

Landlord Can Evict Tenant Who Repeatedly Complained to HPD

December 23, 2018    

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant continually and repeatedly complained to HPD about apartment conditions, then refused to permit landlord to correct issued...

Landlord Doesn't Prove Tenant Violated Probationary Stipulation

December 23, 2018    

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court, which put tenant on probation for one year. Tenant specifically agreed not to smoke in the building...

Tenant Not Entitled to Restoration to Building Destroyed by Fire

December 23, 2018    

Former rent-stabilized tenant sued landlord, seeking to be restored to possession as a tenant in landlord's building. The court ruled against tenant, who appealed and lost. After a fire in 2002 made tenant's...

Tenant Doesn't Show Fraud by New Landlord in Building Purchase

December 23, 2018    

Tenant, who was the former building owner and who sold the building to current landlord, asked the court for an injunction to prevent her eviction from the building. The court ruled against tenant, who appealed and...

Tenant's Ex-Husband Gets Apartment

December 21, 2018    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights. He said he was the former spouse of the deceased tenant. The court ruled for occupant and dismissed the...

Tenant Wasn't Given Notice to Appoint New Counsel After Attorney Disbarred

December 21, 2018    

Landlord sued to evict tenant for creating a nuisance. During the course of the eviction proceeding, tenant's attorney was disbarred. This resulted in an automatic stay of the proceeding until 30 days after...

Landlord Can't Get Attorney's Fees for Eviction Case

December 21, 2018    

Landlord sued to evict tenant. After tenant's lease expired, landlord claimed that tenancy became month to month, and landlord sent a 30-day termination notice before starting the eviction proceeding. On the date...

Landlord Didn't Prove Tenant Sublet Apartment to Her Son

December 21, 2018    

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment without landlord's knowledge or consent. Tenant asked the court to dismiss the case, claiming that the apartment occupant in...

Landlord Must Give Tax ID Information to Tenant's Guardian

December 21, 2018    

Landlord sued to evict tenant for nonpayment of rent. The Jewish Association Serving the Aging (JASA), which was tenant's guardian under Mental Hygiene Law Article 81, signed a settlement agreement with landlord...

DHCR Correctly Found Overcharge Was Willful and Imposed Triple Damages

December 21, 2018    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant. Landlord filed an Article 78 appeal, and the court sent the case back to the DHCR for reconsideration. The DHCR appealed and won. The...