NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Amended Law Protecting Tenants from Eviction in Condo Conversion Not Applied Retroactively

December 7, 2020    

Former tenants sued landlords in a class action, claiming breach of contract. The tenants were all nonpurchasing tenants and either senior citizens or disabled when a noneviction condominium conversion plan was...

Landlord Can't Sue Tenant for Illegal Sublet to Tenant's Wife

December 7, 2020    

Mt. Vernon landlord sued to evict rent-stabilized tenant and apartment occupant for illegal subletting and creating a nuisance. Landlord and tenant signed a settlement agreement in court. But the occupant remained in...

Landlord Not Responsible for Armed Robbery of Tenant

December 7, 2020    

Tenant sued landlord for damages based on property loss and personal injury after the tenant of another building apartment and three others entered tenant's apartment through tenant's terrace door and robbed...

Improper Deregulation and Rent Overcharge Not Based on Fraud

December 7, 2020    

Tenant complained to the DHCR of rent overcharge. Landlord claimed that tenant was no longer rent stabilized because the building's J-51 tax benefits had expired in 1996. The DHCR ruled for tenant, after looking...

Tenant Buyout Agreement Didn't Conform to Anti-Harassment Law Provisions

November 22, 2020    

Landlord sued to evict rent-stabilized tenant's daughter, claiming that tenant had surrendered her tenancy in a buyout agreement with landlord. Tenant died after landlord started the court case. The daughter...

Tenant Not Entitled to Refund of Brokerage Fee

November 22, 2020    

Tenant sued landlord's real estate broker in small claims court, seeking to recover the broker's $2,200 fee, paid before she rented an apartment in landlord's building. The trial court ruled against...

Tenant Safe Harbor Act Doesn't Apply to Rent Due Before March 7, 2020

November 22, 2020    

Landlord sued to evict tenant for nonpayment of rent in July 2018. Landlord and tenant signed a settlement agreement that was approved by the court on March 11, 2020. Landlord later asked the court to grant it a...

Landlord Responsible for Tenant's Slip and Fall on Wet Staircase

November 22, 2020    

Tenant sued landlord for negligence and sought damages for personal injuries she claimed she suffered after slipping and falling while walking down an interior staircase in her apartment building. Tenant claimed that...

Landlord Can't Withhold Security Deposit for Damage to Backyard

November 22, 2020    

Former tenant of brownstone apartment sued landlord in small claims court for recovery of his $2,400 security deposit. The trial court ruled against tenant, who appealed and won. Landlord argued that she had to pay...

Tenant Who Often Stayed with Companion Still Maintained Apartment as Primary Residence

November 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord. Although tenant often slept at her 75-year-old companion's apartment, the court found that tenant...

Tenant's STAR Exemption for Yonkers House Didn't Preclude Primary Residence in Manhattan

November 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant didn't respond to landlord's court petition, but tenant's son claimed that tenant had moved out and that he had succession...

Tenants Can Sue Landlord for Negligence Based on Porter's Actions

November 17, 2020    

Tenants sued landlord because they claimed that landlord's building porter made a false report to NYC's Child Protective Services (CPS). Tenants made a number of legal claims against landlord. The court...