NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant's Request for Court Ruling Without Trial Was Untimely

October 27, 2020    

Tenant sued landlord for negligence based on injuries she claimed she suffered when the bathroom ceiling in her apartment collapsed; struck her on the neck, back, and shoulder; and knocked her to the ground. Tenant...

HPD Properly Served Amended Petition in HP Proceeding

October 27, 2020    

HPD sued landlord after placing violations for inadequate heat and/or hot water on landlord's building. HPD claimed that the violations were issued on Dec. 17 and Dec. 24, 2019, and sought fines ranging from $250...

Section 8 Tenant's Appeal of NYCHA's Termination of His Benefits Untimely

October 27, 2020    

Tenant participated in a project-based Section 8 program in NYCHA housing. NYCHA sent tenant a T-3 termination notice dated Aug. 16, 2018, advising tenant that his Section 8 subsidy would be terminated in 45 days...

Tenant's Consumer Law Claim Should've Been Dismissed

October 27, 2020    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. He asked the court to rule in his favor without a trial based on documentary evidence. The court ruled for tenant, finding...

Landlord Not Responsible for Bite by Dog Owned by Tenant's Guest

October 27, 2020    

Tenant sued landlord and others after a dog bit her infant child while inside another tenant's apartment. Landlord asked the court to dismiss the case without trial. The court ruled against landlord, finding that...

Federal Court Largely Dismisses Landlords' Constitutional Challenge to RSL and HSTPA

October 27, 2020    

Shortly after HSTPA was enacted in June 2019, the Community Housing Improvement Program (CHIP), Rent Stabilization Association of NYC (RSA), and several individual landlord entities sued the City of New York, DHCR,...

Tenant Paid Rent Arrears Before Execution of Warrant

October 27, 2020    

Landlord sued to evict tenant for nonpayment of rent. The court ultimately ruled against landlord. Under HSTPA, RPAPL Section 749(3) no longer terminates a landlord-tenant relationship upon issuance of an eviction...

Court Won't Review Rent History Going Back to 1996

October 27, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge, and the court granted tenant's request for permission to conduct pretrial questioning and document production...

Rent-Stabilized Tenant's Niece Claims Succession Rights

October 27, 2020    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant's niece, who occupied the unit, claimed succession rights. Landlord asked the court to dismiss the niece's claim without...

Tenant's Apartment Was Properly Deregulated

October 27, 2020    

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant claimed that the apartment had been improperly deregulated and that he was overcharged. He also sought attorney's fees. Landlord...

Landlord Can't Maintain Ejectment Action Without Sending Termination Notice

September 28, 2020    

Landlord sued DOB and rent-stabilized building tenants, seeking ejectment of tenants in order to comply with multiple violation notices from DOB. Landlord claimed that, to correct the violations, it needed to remove...

Tenant's Claim That HRA Didn't Provide Protective Services Dismissed

September 28, 2020    

Tenant sued HRA, Adult Protective Services (APS), the Jewish Association for Services for the Aged (JASA), and related entities in an Article 78 court proceeding, claiming that they didn't provide appropriate...