NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Upholds HPD's Addition of Landlord's Building to CONH Pilot Program Building List

January 28, 2024    

Landlord brought an Article 78 court proceeding against HPD after HPD added landlord's eight-apartment building to the city's Certificates of No Harassment (CONH) Pilot Program Building List in 2022. Landlord...

Tenant Entitled to Attorney's Fees After Nonprimary Residence Action Dismissed

January 28, 2024    

Landlord sued in state Supreme Court to eject rent-stabilized tenant based on nonprimary residence. The court granted tenant's request to dismiss the case because landlord had vitiated its termination notice by...

Owners Can Be Held Responsible for Broker's Source of Income Discrimination Against Prospective Tenant

January 22, 2024    

A prospective tenant, who was eligible for housing vouchers through a NYC HIV/AIDS Services Administration (HASA) program, applied to rent an apartment. In response, landlord's real estate agent advised the...

Court Must Determine Whether Martin Act Applies to Eviction Case Against Subtenant

January 22, 2024    

Landlord sued to evict apartment subtenant after sending a 60-day notice of nonrenewal and termination of residential subtenancy. Landlord asked the court to rule in its favor without a trial and grant possession...

Rent-Stabilized Tenant's Niece Proves Succession Rights as Nontraditional Family Member

January 22, 2024    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Landlord claimed that the occupant, who was the tenant's niece, no longer had a license to occupy the apartment. The trial court ruled...

Was Rent Concession Granted to Initial 421-a Building Tenants Instead an Improper Preferential Rent?

January 22, 2024    

Tenant in a building receiving RPTL Section 421-a tax benefits sued landlord for rent overcharge. Tenant claimed that landlord engaged in a scheme to evade the rent stabilization law by using rent concessions to...

Managing Agents Couldn't Prove They Had No Control over Property at Time of Violations

January 22, 2024    

Tenants brought an HP proceeding in housing court in July 2023, based on Housing Maintenance Code (HMC) violations, including harassment, and seeking an order to correct violations and civil penalties. The case named...

Termination Notice Listed Incorrect Name for Tenant

January 22, 2024    

Landlord of an Orange County property sued to evict tenants after sending a 90-day termination notice. The court granted tenants' request to dismiss the case. Landlord's termination notice and petition listed...

Rent-Stabilized Renewal Lease Offer Without Previously Included Preferential Rent Was Improper

January 22, 2024    

Landlord sued to evict rent-stabilized tenant for refusing to sign a renewal lease offered by landlord. Tenant claimed that the renewal offer was improper. The court agreed and dismissed the case. Tenant's...

New Owner Seeking Eviction Didn't Show Prior Owner Was in Occupancy under Expired Agreement

January 8, 2024    

Landlord sued to evict the prior owner of a two-family house in 2020, after serving a 10-day notice to quit. Landlord claimed that the occupant had been a licensee, whose license had now expired since title passed to...

Is Ramp Installation to Accommodate Disabled Tenant Infeasible at Building?

January 8, 2024    

Tenant sued landlord for disability discrimination. She claimed that landlord violated the NYC Human Rights Law, which required landlord to make reasonable accommodations to the needs of persons with disabilities,...

Rent Reduction Proceeding Reopened Due to DHCR's Failure to Serve Co-op Unit Owner

January 8, 2024    

Rent-stabilized tenant of a cooperative apartment complained to the DHCR in 2021 of a reduction in required services. Tenant claimed that landlord failed to maintain the services of an attendant at the rear building...