NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Fined $750 for "Second Season" Heat/Hot Water Violation

April 23, 2019    

HPD sued landlord, seeking civil penalties for failure to provide heat and hot water. Landlord didn't dispute that this was a "second season" violation but claimed that the violation notice was...

Court Inspects Tenant's Bathtub and Orders Correction of Violations

April 23, 2019    

Tenant sued landlord and HPD, seeking correction of certain apartment violations. The court conducted an inspection at tenant's apartment and found that the bathtub wasn't stable. The court stepped into the...

Landlord NYCHA Not Responsible for Attack on Visiting Nurse

April 23, 2019    

A visiting nurse sued landlord NYCHA after she was injured during an assault while visiting her patient tenant in the building. The nurse claimed that NYCHA didn't provide adequate security. The court denied...

NYCHA Tenant's Son Used Apartment for Drug Sales

April 23, 2019    

Section 8 tenant filed an Article 78 appeal of landlord NYCHA's decision to terminate her Section 8 subsidy. NYCHA terminated tenant's subsidy because her son used the apartment as part of his illegal drug...

Were IAIs Sufficient to Result in Vacancy Deregulation?

April 23, 2019    

Unregulated tenant sued landlord, claiming that he was rent stabilized and that his rent should be frozen at the legal regulated rent in effect when the apartment was last registered with the DHCR, and seeking...

Rent-Stabilized Tenant's Daughter Can't Get Apartment

April 23, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died in 2015. The daughter claimed succession rights to the apartment. The court ruled for landlord after trial. The daughter appealed and...

Did IAIs Raise Rent Above Deregulation Threshold?

April 23, 2019    

Vacancy-deregulated tenant sued landlord for rent overcharge and improper deregulation. The court ruled for tenant without a trial. Landlord appealed, and the case was reopened for further fact-finding. There were...

Settlement Tenant Signed Before Article 81 Guardian Appointed Is Vacated

April 23, 2019    

Landlord sued to evict tenant. The housing court appointed a guardian ad litem (GAL) to assist tenant, and tenant signed a settlement agreement with landlord in court. Later, an Article 81 guardian appointed for...

Settlement with DHCR Didn't Bar Landlord's Application to Modify Services

April 23, 2019    

Tenant filed an Article 78 court petition to annul the DHCR's agreement with landlords that settled a noncompliance proceeding concerning trash collection. The court ruled against tenant, who appealed and lost....

Default Method Used to Determine Rent Overcharge

April 23, 2019    

The DHCR commenced an administrative proceeding against landlord for rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge with triple damages. Landlord appealed, and the DHCR denied...

Tenant Didn't Prove Dog Was Emotional Support Animal

April 15, 2019    

Landlord sued to evict tenant for keeping a dog in her apartment, in violation of a no-pet clause in tenant's lease. Tenant claimed that the dog was an emotional support animal needed for her to enjoy her use of...

Tenant Obtains Loft Law Coverage from NYC Loft Board

March 19, 2019    

Tenant sought interim multiple dwelling (IMD) coverage from the NYC Loft Board. The Loft Board ruled for tenant. Landlord appealed and lost. The Loft Board reasonably found that tenant lived in a separate and...