NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Signed Apartment Surrender Agreement with General Release

August 17, 2020    

Rent-stabilized tenant sued landlord for negligence after she broke her hip, requiring surgery and convalescence in two rehab facilities after surgery. She claimed that she tripped and fell on broken flooring in her...

Mitchell-Lama Co-op Tenant's Daughter Gets Apartment

August 17, 2020    

The DHCR granted succession rights to the daughter of a Mitchell-Lama cooperative shareholder tenant. Landlord filed an Article 78 court appeal of the DHCR's decision, claiming that it was arbitrary and...

No MCI Increase for Lobby Renovations

August 17, 2020    

Landlord of the LeFrak City housing complex applied for MCI rent increases for four buildings with a separate connecting lobby structure based on lobby renovations. The DRA ruled for landlord in part but disallowed...

Landlord Gets MCI Rent Hike for Building-Wide Carpet Installation

August 17, 2020    

Landlord applied for MCI rent hikes based on new carpeting installed throughout the building. The DRA ruled for landlord.

Tenants appealed, and the DHCR denied their petition for administrative review (PAR)....

Tenant's Preferential Rent Rider Didn't Apply to Renewal Lease

August 17, 2020    

Rent-stabilized tenant, who moved into her apartment in 2010, complained to the DHCR of rent overcharge. She also claimed that landlord offered no renewal lease in 2017 and also failed at that point to continue...

Landlords Can't Challenge NY State Eviction Moratorium in Federal Court

July 27, 2020    

A group of Westchester County landlords sued Governor Cuomo, seeking in federal court to block Cuomo's temporary eviction moratorium issued in response to the COVID-19 pandemic. Specifically, they objected to the...

Did Rooftop Drilling Breach the Warranty of Habitability?

July 27, 2020    

Tenant moved into an apartment in January 2019 at a monthly rent of $4,560. The apartment was on the sixth floor, two floors below the building's roof. When a real estate broker showed tenant the apartment, there...

Was Lead Paint in Apartment the Cause of Child's Injuries?

July 27, 2020    

Tenant sued landlord, claiming that her child suffered lead paint poisoning due to lead paint in her apartment. Tenant asked the court to decide the case in her favor without a trial. The court ruled against tenant,...

Landlord Who Had Children with Tenant Must Refund HAP Benefits

July 24, 2020    

Landlord owned a two-family house and lived on the first floor. In 2001, landlord signed a housing assistance payment (HAP) contract with NYCHA based on the tenancy of a woman who lived with her two children on the...

Proof of Damage Doesn't Warrant Withholding Full Security Deposit

July 24, 2020    

Former tenant sued Orange County landlord in small claims court to recover his $3,200 security deposit. The trial court awarded tenant $2,165 and awarded landlord $1,035 on his counterclaim for damages to the house....

74 Tenants Can Sue Separate Landlords in One Action Seeking Class Certification

July 24, 2020    

Seventy-four tenants sued a number of landlords of different buildings for rent overcharge in one lawsuit that they sought to designate as a class action. Tenants claimed that there was a systematic effort...

New Trial Needed in Security Deposit Case

July 21, 2020    

Former tenant sued landlord in Nassau County small claims court for a refund of his security deposit. The court ruled for tenant and awarded him $1,800. Landlord appealed, and the case was reopened for a new trial....