NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord's New Rent Demand Wasn't Barred by Settlement of Prior Case

May 20, 2020    

(Decision submitted by Linda S. Burton of the Lynbrook law firm of Burton & Burton, P.C., who represented the landlord.)

Landlord, a Mitchell-Lama cooperative, sued to evict tenant for nonpayment...

TPU Can Sue Landlord for Claimed Violations of Rent Stabilization Law

May 19, 2020    

The DHCR's Tenant Protection Unit (TPU) sued landlord LLC entities of 38 buildings containing more than 2,500 rent-stabilized apartments, along with individuals who were connected with the landlord entities. The...

Son of Rent-Stabilized Tenant Was 61 When Tenant Vacated

May 18, 2020    

Landlord sued to evict rent-stabilized tenant's son after tenant moved out of the apartment. The son claimed succession rights, but the court ruled against him. The son appealed and lost. The trial court fairly...

Non-Profit Housing Used for Homeless Occupant No Longer Exempt

May 18, 2020    

Landlord sued to evict tenant for violation a substantial obligation of her tenancy through illegal subletting. Landlord claimed that the apartment was supportive housing that wasn't subject to rent stabilization...

Rent-Controlled Tenant's Son Can't Get Apartment

May 18, 2020    

Landlord sued to evict rent-controlled tenant's son, when tenant and his wife moved into a nearby Mitchell-Lama apartment. The son claimed succession rights. He said he grew up in the unit, then moved out, but...

Landlord Not Responsible for Tenant's Threat Against Social Worker

May 18, 2020    

A social worker was menaced with a knife by a tenant while working at a facility owned and operated by NYC nonprofit entities. The facility provided housing and services to individuals suffering from mental illness...

Several Fire Incidents Within 24 Hours Doesn't Prove Tenant Nuisance

April 28, 2020    

Landlord sued to evict a Mitchell-Lama co-op shareholder tenant based on illegal sublet, failure to report household composition and income, overcrowding, and nuisance.

Tenants Must Vacate Unsafe Building Due to COVID-19 Concerns

April 28, 2020    

Landlord, through its architect, notified DOB after inspection in January 2020 that its building had certain structural conditions that posed a danger to the building and to the safety of two tenants. DOB confirmed...

Shareholder Tenant Began Renovating Apartment Without Prior Approval

April 28, 2020    

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the cooperative corporation).

Shareholder tenant sued...

Landlord Failed to Specify Lease Provision Violated

April 28, 2020    

Landlord of project-based Section 8 building sued to evict tenant for creating a nuisance, harassing neighbors, stealing packages, making excessive noise, and participating in altercations at the building between...

Shareholder Gets Damages for Co-op Board's Bad Faith Failure to Approve Sale

April 28, 2020    

Shareholder tenant sued cooperative building's board of directors for refusing to approve proposed buyers of her apartment, and claimed that they acted in bad faith.

Tenant's Harassment Claim Dismissed

April 28, 2020    

Rent-stabilized tenant sued landlord in 2016, claiming harassment in violation of NYC Admin. Code Section 27-2005(d) that interfered with his tenancy in order to drive him out of his apartment, along with breach of...