NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Primarily Resided in Tennessee

July 13, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. The trial court relied on sufficient proof that tenant actually lived in Tennessee from...

Change in Number of Units Without C of O Means Landlord Can't Collect Rent

July 13, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that no rent was owed under Multiple Dwelling Law (MDL) Section 302. The court ruled for tenant and dismissed the case. Landlord appealed and lost...

Unit That Had Been Owner-Occupied Not Subject to Fair Market Rent Appeal

July 13, 2019    

Landlord sued to evict unregulated tenant. The court ruled against landlord and dismissed the case. The court also ruled that tenant could file a fair market rent appeal with the DHCR to challenge her apartment's...

Triple Damages Imposed for Rent Overcharge

July 13, 2019    

Tenant sued landlord for rent overcharge and improper apartment deregulation. The court ruled for tenant, found the apartment was rent stabilized, and awarded tenant triple damages for willful rent overcharge....

Tenant Not Responsible for Subtenant's Slip-and-Fall

July 13, 2019    

Subtenant sued landlord and tenant for negligence based on injuries she suffered when she fell on the apartment building's interior concrete staircase. The court denied tenant's request to dismiss any of the...

Tenant's Claims Based on Secondhand Smoke Dismissed

July 13, 2019    

Tenant sued landlord for negligence and breach of contract, claiming personal injuries arose from her exposure to secondhand smoke in her apartment. Landlord asked the court to dismiss the case without a trial. The...

Change in Tenant's Corporate Entity Resulted in Vacancy Deregulation

July 13, 2019    

(Decision submitted by Paul N. Gruber, of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Building Receiving 421-g Tax Benefits Not Subject to Luxury Deregulation

July 13, 2019    

Tenants in a building that received Real Property Tax Law (RPTL) 421-g tax benefits sued landlord, and asked the court to declare that they were rent stabilized. The court ruled for tenants. Landlord appealed, and...

Landlord Not Responsible for Tenant's Slip-and-Fall on Lobby Step

June 24, 2019    

Tenant sued landlord NYCHA for damages based on injuries suffered in a slip-and-fall accident in the building stairway. Tenant slipped on urine on the stairs. Landlord asked the court to dismiss the case, claiming...

Landlord Can't Evict Tenant Who Got Rent Subsidy Reinstated

June 24, 2019    

Landlord sued to evict rent-stabilized tenant for breaching her lease by failing to maintain her Section 8 benefits. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant had...

Landlord Didn't Prove Tenant Had Roommate Whose Income Was Relevant to Deregulation Determination

June 24, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2015. Landlord noted in its application that it contested the amount of the household income claimed by tenant...

Co-op Can Evict Shareholder Tenant Due to Cluttered Apartment

June 24, 2019    

Landlord cooperative corporation sued to evict shareholder tenant based on tenant's apartment conditions. At trial landlord showed through the property manager's testimony that trash and boxes were piled to...