NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Licensee Daughter Not Eligible for Eviction Moratorium Protection

July 27, 2021    

Landlord was the managing agent for the estate of a deceased woman who owned a two-family house. The woman had permitted her daughter to live in the house. Landlord now sought the daughter's eviction. The...

Trial Needed to Determine Whether Building Contained Six or More Apartments

July 27, 2021    

Landlord sued to evict an unregulated tenant for nonpayment of rent. Tenant, in turn, claimed that she was rent stabilized and had been overcharged. Landlord argued that the building contained only five apartments,...

Court Certifies Class Action for Overcharge Claims of J-51 Building Tenants

July 27, 2021    

Tenants in several buildings who lived in apartments deregulated while the buildings received J-51 tax benefits sued landlord in 2018, claiming rent overcharge and improper deregulation. Tenants sought certification...

No Indicia of Fraud Found in Connection with Tenant's Dismissed Overcharge Claim

July 27, 2021    

Rent-stabilized tenant sued landlord in 2018, claiming rent overcharge after living in the apartment for 30 years. Current landlord bought the building in 2005. Tenant claimed that a prior tenant who lived in the...

Super's Letter Request to Vacate Default Judgment Denied

July 26, 2021    

Landlord sued to evict its building superintendent in 2019 after the super's employment was terminated. The super failed to appear in court, but his domestic partner appeared and consented to a possessory...

Deceased Super's Domestic Partner Gets Stay of Eviction Under CEEFPA

July 26, 2021    

Landlord sued to evict its building's former superintendent after terminating the super's employment. The parties settled the case in court in December 2019, giving landlord a final judgment of possession...

Tenant's Alleged Domestic Partner Can't Get NYCHA Apartment

July 26, 2021    

After a NYCHA tenant died, an apartment occupant sought succession rights. NYCHA held a hearing in 2019 and denied the occupant's remaining family member grievance. The occupant then filed an Article 78 court...

Court Affirms Amended RSL Applies to Dismiss Owner Occupancy Cases Not Decided Before HSTPA

July 26, 2021    

In four consolidated proceedings, landlord sued in 2017 to evict rent-stabilized tenants in a six-unit building for personal use, in order to combine the apartments as a residence for his son. The court ruled for...

Hardship Declaration Filed in Ejectment Action Stays Case Through August 2021

July 26, 2021    

(Decision submitted by John Bart of DC37 Municipal Employees Legal Services, attorneys for the tenant.)

Did Insurer Improperly Withhold Coverage for Building After Hurricane?

June 22, 2021    

Landlord sued its property insurance provider, seeking damages for a claimed breach of the insurance policy. Landlord claimed that its insurer refused to pay coverage after Hurricane Irene damaged the building in...

Rent for Improperly Deregulated Tenant in J-51 Building to Be Set by Default Method

June 22, 2021    

Tenant and members of a class that he represented, all tenants in a building that received J-51 tax benefits, sued landlord. Tenants, who were certified as a class by the court, said they never received rent-...

Tenant Awarded Full Security Deposit Refund

June 22, 2021    

Former tenant sued landlord in Suffolk County District small claims court, claiming that landlord improperly withheld her $2,400 security deposit. The court ruled for tenant. Landlord appealed and lost. In a small...