NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenants Claim Breach of Warranty of Habitability and Harassment

November 17, 2021    

Tenants sued landlord, claiming breach of the warranty of habitability based on rodent and insect infestation, freezing conditions, lack of building security and waste-line failure. The lower court dismissed the case...

Court Dismisses Tenant's Disability Discrimination Claim

November 17, 2021    

Tenant sued landlord in State Supreme Court in 2020, claiming that landlord failed to accommodate tenant's disability in violation of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA),...

Landlord Who Questions Tenant's Hardship Declaration Is Entitled to Hearing

November 17, 2021    

Landlord, who lived in a three-family house, sued to evict an unregulated tenant who lived in another apartment in the house after the tenancy was terminated in 2019. The court ruled for landlord in October 2020,...

Tenant's Conduct Endangers Health and Safety of Residents

November 17, 2021    

Landlord sued to evict tenant, claiming that tenant breached his lease by engaging in objectionable and nuisance-type conduct and behavior on multiple occasions. Among other things, landlord sought a preliminary, as...

Tenant Fails to Rebut Landlord's Proof of Nonprimary Residence

November 17, 2021    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord, finding that tenant didn't have a substantial physical nexus to the apartment. Tenant appealed and...

Landlord Who Illegally Evicted Tenant Must Restore Tenant to Re-rented Apartment

November 17, 2021    

Tenant sued landlord for illegal eviction and sought restoration to the apartment. The court ruled for tenant based on landlord's failure to appear. Landlord then asked the court to vacate the default judgment...

Eviction Petition Didn't State Tenant's Section 8 Status

November 17, 2021    

Landlord sued to evict tenant when tenant's rental agreement expired. Tenant asked the court to dismiss the case because landlord didn't serve a copy of the termination notice and court papers on the public...

Vacancy Lease for Tenant and New Co-Tenant Didn't Cause Vacancy Deregulation

November 17, 2021    

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant asked the court to dismiss the case and argued that she was rent stabilized. Tenant moved into the unit in 2013 under a rent-...

Court Improperly Denied Landlord's Request to Amend Petition's Misstatement

October 27, 2021    

Landlord sued to evict tenant. During the housing court proceeding, landlord asked the court for permission to amend its petition because it had misstated the multiple dwelling status of the building. The court ruled...

Landlord Gets Judgment of Possession in Pre-COVID Proceeding

October 27, 2021    

Landlord sued to evict tenant for nonpayment of rent in 2019. In March 2021, after a period where the case was suspended during the COVID-19 pandemic, landlord sought to restore the case to the court's calendar...

Hardship Declaration Protection Applied to Delay Eviction in Class Action

October 27, 2021    

Tenants brought a class action against landlord claiming improper deregulation of their apartments and rent overcharge. While the case was pending, the court ordered tenants to pay monthly use and occupancy pending a...

Shareholder Tenant Must Pay Use and Occupancy While Lawsuit Is Pending

September 28, 2021    

Cooperative shareholder tenant held shares of two apartments in a co-op building. He entered an agreement with the co-op by which he would receive a maintenance credit until certain repairs were completed by the co-...