NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Approves Settlement of Class Action Claim for Habitability Issues

April 28, 2020    

Tenants sued landlord of a building complex for breach of the warranty of habitability, unjust enrichment, and injunctive relief. They claimed that there were defects in the windows, insulation, and heating/cooling...

Landlord Can't Claim Tenant Paid Preferential Rent Without Proof

April 28, 2020    

Landlord sued to evict rent-stabilized tenant for failing to sign a proper and timely offered renewal lease. Tenant claimed that she refused to sign the renewal lease because it wasn't offered on the same terms...

Temporary Receiver Appointed to Operate Landlord's Buildings

April 27, 2020    

Landlord of several mortgaged buildings sought appointment during a court action of a temporary receiver to act on landlord's behalf while the case was pending. The court ruled for landlord, named a temporary...

Super's Wife Who Isn't a Tenant Can't Claim Protection from Eviction as Domestic Violence Victim

April 27, 2020    

Landlord sued to evict the building super's wife from a basement apartment after sending her a 10-day notice to quit as a licensee. Landlord had allowed the building super to live in the apartment as an incident...

60-Day Termination Notice Required to End Month-to-Month Tenancy

April 27, 2020    

Landlord sued to evict a month-to-month tenant after sending a 30-day eviction notice. Tenant asked the court to dismiss the case, claiming that landlord improperly served a 30-day notice. Tenant claimed that, under...

Rent-Stabilized Tenant's Son Gets Apartment

April 27, 2020    

Landlord sued to evict rent-stabilized tenant's son after tenant died. The son claimed succession rights, and the trial court ruled in his favor. Landlord appealed and lost. Evidence showed that the son...

Successor Tenant Not Entitled to Attorney's Fees

April 27, 2020    

Landlord sued to evict occupant of rent-stabilized apartment who claimed succession rights. The court ruled for the occupant, who then asked the court to restore the proceeding for a hearing on her request for...

Airbnb Records of Uncompleted Reservations Must Be Given to NYC

April 27, 2020    

In a lawsuit against Airbnb concerning unlawful short-term rentals where the Mayor's Office of Special Enforcement (OSE) issued subpoenas, NYC sought user records of individuals whose postings for certain...

Landlord Withheld "Move-Out Fee" from Security Deposit

April 27, 2020    

Former tenant sued landlord in small claims court for $5,000, after landlord failed to return his full security deposit. Although tenant's lease ran through Aug. 31, 2019, tenant broke his lease and moved out mid...

Mental Health Program's Eviction Case Against Subtenant Dismissed

April 24, 2020    

Tenant, who operated a subsidized program under agreement with DOHMH, sued to evict subtenant for sublease violations. Tenant claimed that subtenant failed to pay monthly rent as it became due, used or possessed...

Court Issues Administrative Order to Limit Court Processing to Essential Matters

April 24, 2020    

The Court issued an administrative order in light of the emergency circumstances caused by COVID-19, consistent with Gov. Cuomo's executive order suspending statutes of limitation in legal matters. Effective...

Did Rent-Controlled Tenants Waive Rights When They Agreed to Relocate?

April 24, 2020    

The daughter of deceased tenants complained to the DHCR that landlord refused to offer her a rent-stabilized renewal lease as a successor tenant after her mother died in 2014. She claimed that her parents were rent...