NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant's Basement Apartment Violated C of O

October 25, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that his basement apartment occupancy violated the building's Certificate of Occupancy. The court ruled...

Did Landlord Discriminate on Basis of Tenant's Lawful Income?

October 25, 2019    

Tenant sued landlord, its real estate broker, and other individual agents for discrimination based on lawful source of income, in violation of the NYC Human Rights Law. Tenant asked the court to decide the case in...

Court Applies HSTPA Amendments to Rent Overcharge Claim in Pending Case

October 23, 2019    

Landlord sued to evict SRO tenant for nonpayment of rent. Tenant claimed rent overcharge and breach of the warranty of habitability. The court ruled for tenant. Landlord's failure to register the apartment barred...

Occupants Given Extended Time to Move Out Post-Judgment

October 23, 2019    

Landlord sued to evict apartment occupants after tenant moved out. The court ruled for landlord, finding that occupants were licensees, not tenants. The court gave occupants five months to move out, provided they...

Article 78 Petition of HPD Decision After Evidentiary Hearing Must Be Decided by Appeals Court

October 23, 2019    

Landlord of Mitchell-Lama building sent tenant a notice to cure, claiming that tenant didn't primarily reside in his apartment. Landlord then sought a certificate of eviction from HPD. Tenant appeared at HPD'...

Tenants Can Reopen Overcharge Claim Based on HSTPA Choice of Forum Provision

October 23, 2019    

Tenants sued landlord for rent overcharge. In September 2018, the court granted landlord's request to dismiss the complaint because the DHCR had concurrent jurisdiction and the court found that "the issues...

Court Incorrectly Found Landlord's Nonrenewal Notice Defective

October 23, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant's request to dismiss the case based on defects in landlord's combined notice of lease nonrenewal and...

Landlord Waited Too Long to Object to Tenant's Pitbull

October 23, 2019    

Landlord sued to evict tenant for keeping a pitbull dog in his apartment in violation of her lease. Tenant claimed that she had kept the dog since she moved into the apartment in 2014, and that landlord's staff...

Landlord Must Renew Preferential Rent Under LINC Rider to Lease

October 23, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant later asked the court to vacate or modify the settlement stipulation. The...

Landlord Must Refund Security Deposit

October 23, 2019    

Former tenant sued landlord, the co-op shareholder, for return of her security deposit after she moved out. Landlord claimed that tenant wasn't entitled to a refund because, as the result of a number of short-...

Court Denies Landlord's Request for Rent While Eviction Case Pending

October 23, 2019    

Landlord sued to evict unregulated tenant and her adult son after sending a 30-day termination notice. After a number of adjournments, landlord asked the court to make tenant pay a rent deposit and/or use and...

Tenant's Son, as Licensee, Had No Standing to Claim Retaliatory Eviction

October 23, 2019    

Landlord sued to evict unregulated tenant and her adult son. The son appeared in court and claimed retaliatory eviction. A guardian ad litem also was appointed for tenant. The son claimed that landlord sued to evict...