NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Awarded $45,000 Judgment in Summary Proceeding After Tenant Moves Out

March 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Landlord later asked the court for permission to amend its petition and for summary judgment without trial. The court ruled against landlord, who appealed and won...

Landlord Must Commence Ejectment Action Against Nuisance Tenant

March 27, 2024    

Tompkins County landlord sued to evict tenant for creating a nuisance and objectionable conduct. Landlord sent tenant several prior notices before commencing the court proceeding but didn't serve a lease...

HPD Can Deny J-51 Certificate to Landlord Who Rented to Tenants Before C of O Issued

March 27, 2024    

Landlord sued HPD after HPD denied landlord's application for a Certificate of Eligibility and Reasonable Cost for J-51 tax benefits in 2022. Landlord had applied for J-51 benefits based on rehabilitation of its...

Tenants Can't Appeal Conditions Imposed on Hearing Adjournment in Nuisance Case

March 26, 2024    

Landlord, a co-op corporation, sued to evict shareholder tenant for violating provisions of their proprietary lease and house rules that prohibited unreasonable noise. Following a trial, a judgment of possession for...

Co-op Shareholders Claim Retaliation by Co-op Board After Complaints About Drinking Water

March 26, 2024    

Co-op shareholder tenants sued their building's cooperative corporation for retaliation under RPL Section 223-b. They claimed that the co-op board issued a default notice just five weeks after the they complained...

Court Vacates Rent Reduction Order Issued Against Co-op Instead of Shareholder

March 26, 2024    

Rent-stabilized tenants in a co-op building complained to the DHCR that laundry room washer and dryer services had become inoperable. Tenants named the co-op corporation as the landlord in their complaint. Although...

Landlord Didn't Send 90-Day Termination Notice Before Lease Expiration

March 26, 2024    

Landlord sued to evict unregulated tenant when tenant's lease expired. Tenant had lived in the apartment for more than three years before landlord commenced the court proceeding. Tenant asked the court to dismiss...

Agreement to Discount Tenant's Rent in Exchange for Porter Services Wasn't a Preferential Rent

March 15, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord sought an incorrect monthly rent because he paid a preferential rent that was less than the unit's legal...

Nonpayment Proceeding Sought Rent for Period When Tenant Had No Lease

March 15, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in August 2023, seeking rent arrears for the period between August 2022 through June 2023 at $1,451 per month. Tenant asked the court to dismiss...

Landlord Requested Payment of Use and Occupancy Prematurely

March 12, 2024    

Landlord sued to evict two apartment occupants after the unit's rent-controlled tenant died. The case was adjourned for two months on the initial return date to give the occupants a chance to obtain an attorney....

State Division of Human Rights Must Re-examine Organization's Housing Discrimination Claim

March 12, 2024    

CityVision, a nonprofit organization that tests whether housing facilities engage in discrimination by having their agents pose as prospective tenants, placed a test call to landlord in 2016 seeking to rent an...

Trial Needed to Determine Whether Tenant's Son Had Succession Rights

March 12, 2024    

Landlord sued to evict the son and daughter-in-law of a rent-stabilized tenant after tenant died. They claimed succession rights to the apartment. Landlord pointed out that these family members spent considerable...