NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Never Gave Landlord Notice of Lead-Paint Condition Claim

April 21, 2020    

Tenant sued landlord, claiming that landlord was responsible for tenant's exposure to lead-based paint between 1992 and 1994. Landlord had co-owned the building with his father when tenant lived there. The court...

Did Landlord's Failure to Fix Shower Rod Bracket Cause Tenant's Slip and Fall?

April 21, 2020    

Tenant sued landlord for negligence after he slipped and fell while stepping out of a combined bathtub/shower in his apartment after taking a shower. Tenant claimed that the wet and slippery condition of the floor...

Court Vacates Default Judgment Against Section 8 Tenant

April 21, 2020    

Landlord sued to evict project-based Section 8 tenant for nonpayment of rent. Tenant didn't appear in court, so the court awarded landlord a judgment of possession and a money judgment for $2,683. Tenant later...

New Landlord Who Claims Overcharge Not Willful Must Produce Due Diligence Report

March 23, 2020    

Tenants sued landlord for rent overcharge while landlord received J-51 tax benefits for its building. Landlord claimed that it didn't willfully overcharge tenants because it relied on misrepresentations...

Court Revokes NYC Planning Commission's Approval of LES Skyscrapers

March 23, 2020    

Local community organizations, nonprofit groups, and residents of the "Two Bridges" neighborhood in Manhattan's Lower East Side (LES) filed an Article 78 court appeal, seeking annulment of the NYC...

Broker Was Entitled to 15 Percent Commission from Landlord

March 23, 2020    

Real estate broker sued landlord in small claims court after landlord failed to pay its commission for rental of an apartment. The court ruled for the broker and awarded $5,000 as the commission. Landlord appealed...

Condo Can Install Roof Protections on Neighboring Landlord's Roof

March 23, 2020    

A condominium building (the condo) sued neighboring landlord of next-door residential building (landlord) and asked the court to grant the condo access to landlord's building in order to install and maintain roof...

Tenant Claims Long-Standing Debris Caused Stairway Slip and Fall

March 23, 2020    

Tenant sued landlord for negligence, claiming that she slipped and fell on her apartment building stairway. Tenant said there was a repeated and long-standing hazardous debris condition, including chicken bones,...

1985 Lease Entitles Tenant to Attorney's Fees in Eviction Case

March 23, 2020    

Rent-stabilized tenant asked for attorney's fees as the prevailing party after the court dismissed landlord's holdover eviction proceeding against tenant. The court denied tenant's request for attorney...

New 90-Day Termination Notice Requirement Applied to Long-Term Tenant

March 23, 2020    

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice, claiming that tenant was unregulated and had no lease. Landlord claimed that the apartment was unregulated because it was...

Landlord's Acceptance of Rent Checks Formed No Waiver

March 23, 2020    

Landlord sued to evict tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord had accepted checks from the Dept. of Social Services (DSS) issued to cover tenant's rent. The...

Landlord Can't Challenge Placement on HPD Pilot Program List

March 23, 2020    

After Local Law 1 of 2018 required HPD to identify buildings that shared characteristics of "building distress," which indicated a likelihood of suspected harassment of existing lawful occupants within...