NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Legal Rent Limited to Lower Rent Offered by Receiver

December 21, 2018    

After an action was commenced to foreclose on landlord's building mortgage, a temporary receiver was appointed in 2010 to manage the building and collect rent from tenants. In 2012, the receiver signed a one-year...

Deceased Tenant's Wife, Who Wasn't Elderly, Couldn't Remain in HUD Section 202 Housing

November 27, 2018    

Landlord sued to evict the wife of deceased tenant in HUD-subsidized Section 202 housing. The housing project provided supportive housing for the elderly, aged 62 years or older. The wife moved into the apartment...

Landlord Can Evict Tenant's Granddaughter for Illegal Drug Activity

November 27, 2018    

Landlord sued to evict tenant and her granddaughter based on the granddaughter's illegal drug activities at the apartment. The trial court ruled for landlord. The granddaughter appealed and lost. Landlord...

Subtenant Becomes Rent-Stabilized Tenant Based on Illusory Tenancy

November 27, 2018    

Subtenant sued landlord, claiming that he was rent stabilized and that landlord overcharged him. He claimed that the apartment had an illusory prime tenant. The court ruled for tenant, finding that he was the...

Tenant Must Pay Damages to Former Roommate She Illegally Evicted

November 27, 2018    

Former roommate sued rent-stabilized tenant for breach of contract or warranty, and illegal eviction, seized property, and obstruction of mail. She sought $15,720 in damages. Tenant had locked roommate out of the...

Landlord's Notices Reasonably Described Grounds for Nuisance Claim

November 27, 2018    

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated the building's no-pet policy, failed to provide access for repairs, and created a nuisance. Tenant asked the court to dismiss the case...

Trial Court Must Determine If Building Was Substantially Rehabbed

November 27, 2018    

Landlord sued to evict tenant, claiming that tenant was unregulated because the building had been substantially rehabilitated in the mid-1980s. The court ruled for landlord without a trial. Tenant appealed, and the...

Tenant's Alleged Failure to Provide Access for Repairs Didn't Amount to Nuisance

November 27, 2018    

Landlord sued to evict rent-stabilized supportive housing tenant. Landlord claimed that tenant created a nuisance by failing to provide access for repairs on a number of occasions during an 11-month period. Landlord...

Landlord Responsible for Tenant's Property Damage Due to Radiator Leak

November 27, 2018    

Tenant sued landlord in small claims court after property damage resulted from a leaking radiator in tenant's apartment. The court ruled for tenant and awarded her $3,800. Landlord appealed and lost. Landlord was...

Landlord Misled Tenant in Buyout Negotiation

November 27, 2018    

Landlord sued to evict rent-stabilized tenant after tenant broke an agreement to move out in exchange for $20,000. In response, tenant claimed harassment by landlord. The court dismissed the case and imposed a civil...

Rent-Controlled Tenant's Nephew Claims Succession Rights

November 17, 2018    

Landlord sued to evict apartment occupant after rent-controlled tenant moved out. The court granted tenant's request to dismiss the case, finding that landlord's notice to quit was insufficient and that...

Landlord Doesn't Prove Tenant Created Nuisance

November 17, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance and failing to sign a renewal lease. The court ruled for landlord in part. The court found no nuisance but that tenant had failed to renew his...