NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

No Rent Overcharge Found Under Four-Year Rule

February 21, 2019    

Tenant sued landlord for rent overcharge based on landlord's failure to charge rent-stabilized rents while receiving J-51 tax benefits. The court granted landlord's request to dismiss the case without a trial...

Did Tenants Violate Co-op Building's Pet Rules?

February 20, 2019    

Landlord cooperative corporation sued to evict shareholder tenants for keeping a large, unregistered dog in their apartment in violation of co-op rules. Landlord asked the court to decide the case without a trial,...

Disabled Family Members Can't Get Rent-Controlled Apartment

February 20, 2019    

Landlord sued to evict apartment occupants after rent-controlled tenant died. The occupants claimed that they were disabled and that they had succession rights. The court ruled for landlord and against the occupants...

Daughter Signed Renewal Leases in Tenant's Name After Tenant Died

February 20, 2019    

Landlord sued to evict rent-stabilized tenant's daughter 14 years after tenant died. The daughter claimed succession rights. After pre-trial questioning, landlord asked the court to rule in its favor without a...

Landlord Not Responsible for Tenant's Slip and Fall

February 20, 2019    

Tenant sued landlord for negligence, after she slipped and fell on a wet staircase in her apartment building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who...

Tenants' Harassment Claim Dismissed

February 20, 2019    

Tenants brought an HP proceeding against landlord, seeking correction of building violations and also claiming harassment by landlord. Landlord and tenants signed a consent order to correct violations, and a trial...

Plaintiffs Can't Claim Nonpurchaser Tenant Protections

February 20, 2019    

Residential tenants sued landlords and sponsors of their buildings, which were converted to cooperatives or condominiums, claiming that they had the right to seek nonpurchaser tenant status based on their status as...

Apartment Rented to Nonprofit Wasn't Rent Stabilized

February 20, 2019    

Tenant, a not-for-profit organization, and apartment occupant sued landlord, claiming that the rented apartment was subject to rent stabilization and that landlord unreasonably withheld consent when tenant asked to...

Tenant of Cluttered Apartment May Be Disabled and Need Article 81 Guardian

January 27, 2019    

Landlord sued to evict tenant for creating a nuisance because tenant created clutter and trash conditions in the apartment while refusing landlord access to exterminate bedbugs. Tenant, with a court-appointed...

Landlord Can't Evict Tenant Who Is the Victim of Domestic Violence

January 24, 2019    

Landlord sued to evict tenant based on noise complaints made by other tenants. The court ruled against landlord. Tenant was a victim of family domestic violence and therefore discrimination against her was prohibited...

Trial Must Determine Whether Nontraditional Family Member Can Get Apartment

January 24, 2019    

Landlord of HUD project-based Section 8 building sued to evict apartment occupant after tenant died in 2016. Occupant claimed succession rights. Landlord claimed that occupant had no valid claim because tenant's...

Deceased Tenant's Girlfriend Has No Claim on Prior Landlord-Tenant Settlement

January 24, 2019    

Landlord signed a settlement agreement in 2009 with rent-stabilized tenants in connection with the building's demolition. The girlfriend of one tenant who died later sued other tenants and their attorney,...