NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

NYCHA Must Reconsider Daughter's Succession Claim

March 17, 2019    

Landlord NYCHA tenant's daughter claimed succession rights to tenant's apartment after tenant died in 2013. NYCHA ruled against the daughter after a hearing, and the daughter filed an Article 78 court appeal...

Rent-Stabilized Tenant's Niece Can't Get Apartment

March 17, 2019    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was tenant's niece and that she was entitled to succession rights. The court ruled for landlord after a trial...

Rent-Controlled Tenant Created a Nuisance

March 17, 2019    

Landlord sued to evict rent-controlled tenant for creating a nuisance. Landlord claimed that tenant's conduct frightened other tenants. The trial court ruled for landlord, finding that tenant's conduct...

Occupant Assigned Apartment by Nonprofit Couldn't Claim Rent-Stabilized Status

March 17, 2019    

Subtenant sued rent-stabilized tenant and landlord, and asked the court to stop tenant from evicting subtenant. The court ruled against subtenant, who appealed and lost. Tenant was a not-for-profit organization that...

Tenant Claims Landlord's Visitor Policy Is Overly Restrictive

March 17, 2019    

Landlord sued to evict tenant of state-funded supportive housing for people with psychiatric disability and substance abuse problems. Landlord claimed that tenant violated a substantial obligation of his tenancy and...

NYCHA Apartment Occupant Claims Succession Rights

March 17, 2019    

Landlord NYCHA sued to evict apartment occupant, claiming that he was tenant's licensee and that his license to occupy the apartment had expired after tenant died. Occupant's name never appeared on tenant...

Landlord Not Responsible for Tenant's Slip and Fall on Ice

March 16, 2019    

Tenant sued landlord for negligence. Tenant had been injured when she fell while stepping from the slate landing onto the paved walkway outside the building, where there was some ice. The court granted landlord's...

Grandson Gets Rent-Controlled Apartment

March 16, 2019    

Landlord sued to evict rent-controlled tenant's grandson after tenant died. The grandson claimed succession rights. Landlord claimed that the grandson hadn't lived in the apartment as his primary residence...

Late Fee Applied to Tenant's Rent Was Excessive

March 16, 2019    

Landlord sued to evict unregulated tenant for nonpayment of rent. Although tenant otherwise paid rent, what landlord claimed due were late fees for a number of months and an increase in tenant's rent after tenant...

Rent-Controlled Tenant Gets Overcharge Award with Triple Damages

March 16, 2019    

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed rent overcharge and breach of the warranty of habitability. Tenant pointed to a 1976 DHCR rent reduction order. Landlord argued...

Lawsuit to Stop Publication of City's Worst Landlords List Dismissed

March 16, 2019    

Two landlords sued New York City's Public Advocate for damages and asked the court to stop the Advocate from publishing the city's watchlist of 100 worst landlords. The city had published the watchlist in...

Landlord Didn't Prove Tenant Nuisance at Trial

March 15, 2019    

Landlord sued to evict rent-stabilized tenant for: (a) refusing to provide access for repairs; (b) committing or permitting a nuisance; and (c) refusing to renew an expiring lease. Tenant claimed harassment and...