NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Claims Injury by Mold in Her Apartment

October 8, 2018    

Tenant sued landlord, claiming personal injuries due to exposure to toxic mold and fungi in her apartment. Tenant claimed lost wages but failed to produce her employment records for the prior eight years. The court...

Rent Overcharge Must Be Calculated Using Default Method

October 8, 2018    

Tenant sued landlord, claiming rent overcharge and fraud because his apartment was improperly deregulated while the building received J-51 tax benefits. The court ruled for tenant, finding that landlord engaged in a...

Grandson Can't Get NYCHA Tenant's Apartment

October 8, 2018    

NYCHA tenant's grandson claimed succession rights to tenant's apartment after she died in 2013. NYCHA ruled against the grandson, who filed an Article 78 court appeal and claimed that NYCHA's decision was...

Rent-Stabilized Tenant's Former Life Partner Gets Apartment

October 8, 2018    

Landlord sued to evict rent-stabilized tenant and immediate family members based on tenant's nonprimary residence. In response, an apartment occupant claimed succession rights. The court ruled for the occupant...

Building Substantially Rehabbed in 1984 Was Exempt from Rent Stabilization

September 20, 2018    

Landlord asked the DHCR to rule on whether its building was exempt from rent stabilization due to substantial rehabilitation performed after Jan. 1, 1974. The DRA ruled for landlord and noted that, since the building...

Tenant May Need Guardian ad Litem

September 20, 2018    

Landlord NYCHA sued to evict tenant for failing, neglecting, or refusing to furnish complete income verification information. Landlord said that tenant failed to appear at an administrative hearing after being given...

Co-op Reasonably Withheld Consent to Shareholder Tenant's Request

September 20, 2018    

Cooperative shareholder tenant sued landlord co-op corporation for breach of contract, claiming that the co-op unreasonably withheld consent to tenant's proposed unit alterations. The court granted the co-op'...

DHCR Must Apply Four-Year Rule to Overcharge Claim Where No Fraud Was Found

September 20, 2018    

Tenant filed a complaint of rent overcharge, claiming that his apartment had been improperly deregulated. The DHCR ruled for tenant and found no fraud or willful rent overcharge. The apartment was rent stabilized,...

Landlord Can't Evict Tenant for Not Renewing His Section 8 Voucher

September 20, 2018    

Landlord sued to evict tenant, who previously had received a Section 8 Housing Choice Voucher, and claimed that tenant breached his lease by failing to return his annual recertification package HPD. This resulted in...

Unit Formerly Covered by Loft Law Was Rent Stabilized

September 20, 2018    

Tenant sued landlord, claiming that his loft unit was rent stabilized. The unit was located in a deregulated Interim Multiple Dwelling (IMD). The original Loft Law tenant had previously assigned his lease and...

Attorney's Fees Awarded to Landlord in the Amount of $550 per Hour

September 19, 2018    

Landlord sued to evict tenant for performing illegal alterations in his apartment. The court ruled for landlord and awarded a judgment of possession. Landlord then sought attorneys' fees in the amount of $650 per...

Landlord Not Responsible for Wet Condition of Staircase

September 18, 2018    

Pedestrian sued landlord NYCHA after she slipped and fell on urine in a staircase located on the property. Landlord asked the court to dismiss the case because it didn't have notice of the claimed condition. The...