NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant's Illegal Lockout Claim Dismissed

July 21, 2020    

Tenant sued landlord in 2015, claiming illegal lockout and breach of the warranty of habitability. Tenant also sought $1 million in damages. Although tenant filed the case in State Supreme Court, the court...

Tenant Can Withdraw DHCR Complaint and Sue Landlord in Court

July 21, 2020    

Tenant sued landlord claiming improper, fraudulent apartment deregulation and rent overcharge. Tenant claimed that he was rent stabilized. Tenant had filed a complaint with the DHCR in March 2018 but later withdrew...

Nonprofit Tenant Claims It's Entitled to Rent-Stabilized Renewal Lease

July 21, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant in turn asked the court to dismiss the case and to order landlord to issue a renewal lease. Landlord claimed that Harlem United was a...

Landlord Must Send Tenant a Notice to Cure in Nuisance Case

July 21, 2020    

Landlord sued to evict rent-stabilized tenant for committing or permitting a nuisance in his apartment by pouring or allowing a noxious liquid believed to be chlorine to leak on the floor, down radiator pipes, and...

Did Landlord Respond Sufficiently to Bedbug Condition?

July 21, 2020    

Tenant sued landlord due to bedbug infestation in his apartment. He claimed that the problem began in 2015, although he didn't bring his lawsuit until 2018, after new landlord bought the building in 2017. Tenant...

Tenant Can't Raise Claim, Already Decided, After HSTPA Enacted

July 21, 2020    

Tenant sued landlord for rent overcharge on July 25, 2019. Landlord argued that a court had dismissed tenant's prior rent overcharge claim in September 2018 and that tenant hadn't appealed that decision....

Default by Tenant's Son Excused Based on Succession Claim

July 21, 2020    

Landlord sued to evict apartment occupants in 2018 after tenant died. The court ruled for landlord based on the failure by two occupant/licensees to appear in court, after an initial appearance. Occupants appealed,...

Emergency Homeless Housing Occupant Wasn't Illegally Evicted

July 21, 2020    

Occupant sued building landlord and Bronx Parent Housing Network, Inc. (BPHN), which net-leased the building from landlord to provide temporary emergency housing to vulnerable formerly homeless individuals. Occupant...

Was Landlord Responsible for Tenant's Injury from Falling Light Fixture?

July 21, 2020    

Tenant sued landlord and landlord's plumbing contractor, claiming that he was injured when a ceiling light fixture in his bathroom fell onto him due to negligent installation of the toilet in the apartment above...

Tenant's Overcharge Claim Denied with Four-Year Lookback Applied

July 21, 2020    

Landlord sued to evict loft tenant. The court ruled against landlord and awarded tenant attorney's fees, but also denied tenant's rent overcharge claim. Both sides appealed. The Appellate Term ruled that...

DHCR Must Reconsider Landlord's MBR Increase Applications

July 21, 2020    

Landlord of building complex applied for maximum base rent (MBR) increases for 10 rent-controlled apartments. The DHCR ruled against landlord, finding that landlord failed to pay MBR fees. Landlord then filed an...

Pre-Trial Questioning Needed Concerning Succession Claim

July 13, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant's son claimed succession rights, even if tenant had moved out. The court granted the son's request to dismiss the case without a...