NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Can't Withhold Security Deposit for Repainting

August 24, 2021    

Former tenant sued landlord in Yonkers City Court, seeking a refund of her $2,035 security deposit. The trial court ruled for tenant in part and awarded her $1,026.

NYCHA Must Grant New Hearing on Grandson's Succession Claim

August 24, 2021    

NYCHA tenant's grandson, who was also tenant's adopted son, filed a grievance request with NYCHA, seeking succession rights after tenant died. The grandson said that he had lived with tenant since he was a...

Family Member Wasn't Tenant Entitled to CEEFPA Hardship Declaration Protection

August 24, 2021    

A mother, who permitted her adult daughter to live in a house the mother owned, sued to evict her daughter from the premises. The daughter was a licensee who didn't pay rent. They signed a court-ordered...

Tenant Ineligible for CEEFPA Protection May Seek Relief Under Tenant Safe Harbor Act

August 24, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in August 2019. Landlord obtained a default judgment and issuance of an eviction warrant in October 2019 based on tenant's failure to answer...

Rent-Stabilized Tenant's Stepson Gets Apartment

August 24, 2021    

Landlord sued to evict rent-stabilized tenant in 2012 based on nonprimary residence. In 2015, while the case was pending, tenant died and her stepson claimed succession rights. The trial court ruled for the stepson...

Court Grants Tenant's Request for Pre-Trial Document Production

August 24, 2021    

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant created loud noises by arguing and screaming or by letting her children bang on walls. Landlord also claimed that tenant caused...

Court Denies Tenant's Request to Disqualify Landlord's Attorney

August 24, 2021    

Landlord sued month-to-month tenant who had moved out of an apartment, leaving behind a roommate that tenant had fought with during the COVID-19 pandemic after the roommate lost her job, couldn't pay her share of...

Landlord Can Sue Tenant for Trespass After Tenant Moved Out and Left Roommate Behind

August 24, 2021    

Landlord sued month-to-month tenant in March 2021, claiming that the tenancy commenced in 2016, that tenant had disappeared in February 2021 without surrendering the apartment, that tenant's roommate was left...

Court Dismisses Tenants' Harassment Claims

August 24, 2021    

Tenants sued landlord in an HP proceeding and claimed harassment. In June 2021, the court set the matter down for a two-day trial concerning the harassment claims. On the first trial date, July 26, 2021, tenants said...

Landlord Didn't Serve Timely Lease Nonrenewal Notice

July 27, 2021    

Landlord sued to evict rent-stabilized tenant in Nassau County for nonprimary residence. Among other things, tenant claimed that landlord failed to serve a timely notice of lease nonrenewal under ETPR Section 2503.5...

Landlord Not Responsible for Attack on Tenant in Building

July 27, 2021    

Tenant sued landlord for negligence after she was assaulted by a masked and hooded man in the 20th floor corridor leading to her apartment. Landlord managed the building. Tenant claimed that the building's front...

Tenant Can't Claim Improper DHCR Registration of Pre-Base Date Rents

July 27, 2021    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case without trial and argued that the apartment was rent stabilized and had been improperly registered with the DHCR. The...