NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Doesn't Prove Economic Infeasibility Prevented Correction of Violations

September 28, 2021    

Tenants in an SRO building and HPD commenced separate HP proceedings against landlord in housing court, seeking correction of various housing violations to restore habitability after a building fire where a vacate...

Landlord Who Didn't Correct Violations Fined Over $20,000

September 28, 2021    

Tenant sued landlord in housing court, seeking correction of certain Housing Maintenance Code violations. HPD conducted an inspection in response and issued 17 violations, including two Class "C"...

No Harassment of Tenant Found in HP Action

September 27, 2021    

Tenant sued landlord in housing court's HP part, claiming harassment and seeking correction of building violations. The court ruled for tenant. Tenant had lived in the building since 2014, and the building was...

NYCHA Not Required to Restore Tenant's Son to Possession After Locking Him Out

September 27, 2021    

Apartment occupant, who was the son of the deceased tenant, sued landlord NYCHA, claiming that NYCHA had illegally locked him out of his apartment and seeking to be restored to possession. He testified credibly that...

Tenant's Niece Gets Rent-Stabilized Apartment

September 27, 2021    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant died shortly thereafter, and tenant's niece claimed succession rights to the apartment.

Rent-Stabilized Tenant Properly Refused to Sign Ambiguous Renewal Lease

September 27, 2021    

Landlord sued to evict rent-stabilized tenant for refusing to sign a renewal lease. Tenant asked the court to dismiss the case without trial. Both sides argued that a 2008 DHCR rent reduction order supported their...

Court Can Apply Default Formula to Determine Legal Rents in Class Action by J-51 Tenants

September 27, 2021    

Building tenants brought a class action against landlord, seeking a declaration that they were subject to rent stabilization, and a declaration that their legal regulated rents should be calculated according to Rent...

Tenant's Son Must Pay Use and Occupancy While Succession Claim Is Pending

September 27, 2021    

Landlord sued to evict rent-stabilized tenant's estate for nonpayment of rent in late 2018, after tenant died in March 2018. Tenant's son, in turn, responded to the case and claimed succession rights. The son...

Default Formula Can't Be Used to Decide Tenant's Rent Overcharge Claim

September 27, 2021    

Landlord sued tenant for nonpayment of rent. In response, tenant claimed rent overcharge, asked the court to utilize the default formula in determining the apartment rent, and sought pre-trial document production. In...

Holdover Petition Against ETPA Tenant Dismissed for Failure to Serve Proper Notice

September 27, 2021    

Landlord sued to evict tenant, claiming that the tenancy had expired. Tenant asked the court to dismiss the case, claiming that the petition was defective for not properly pleading a cause of action. Tenant claimed...

Court Denies Former Tenant's Request to Dismiss Unpaid Rent Claim

September 23, 2021    

Landlord sued former tenant for $7,000, claiming that tenant failed to provide proper and timely notice of vacatur. So landlord didn't get possession of the unit until April 30, 2017. The court ruled for landlord...

Flooding Leaves Apartment Uninhabitable

September 23, 2021    

Tenant sued landlord and property manager, seeking compensation for her 34-day relocation to a temporary apartment after a hole in the building's roof allowed extensive water damage to her apartment during a...