NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Can Raise Financial Hardship Defense

January 25, 2021    

Landlord sued to evict unregulated tenant occupying a co-op apartment for nonpayment of rent in November 2018. After a default judgment and warrant were issued in February 2019, the court granted tenant's order...

Rent Abatement Granted for Lack of Hot Water and Water Pressure

January 25, 2021    

Tenant sued landlord, claiming breach of the implied warranty of habitability. She said that landlord refused to remediate loud noises and bad smells or to provide hot water and adequate water pressure. Tenant sought...

Tenant's Claim of Gross Negligence Based on Black Soot in Unit Untimely

January 25, 2021    

Shareholder tenant sued landlord cooperative corporation for breach of his proprietary lease, breach of the warranty of habitability, gross negligence, and breach of fiduciary duty. Tenant claimed that there was...

Landlord Showed No Proof of Vacancy Deregulation in 2007

January 25, 2021    

Landlord sued to evict unregulated tenant. Tenant claimed that his apartment had been improperly deregulated and that he was overcharged. The trial court ruled against landlord and dismissed the case. Landlord...

Former Tenants Damaged Washer and Dryer

January 25, 2021    

Landlord sued former tenants in small claims court, seeking $4,755 for damages he claimed tenants caused to the apartment. The court ruled that tenants were responsible for damage to the washer and dryer and, after...

Did Apartment Damage Justify Retaining Security Deposit?

January 25, 2021    

Former tenant sued landlord, seeking recovery of his security deposit. The small claims court ruled for tenant in part, awarding him a judgment of $2,605, representing the security deposit, but awarding landlord $500...

Tenants Created Nuisance Through Continued Loud Arguing

January 25, 2021    

Landlord sued to evict rent-controlled tenants for permitting a nuisance due to "loud and furious arguments featuring excessive profanity and abusive language" occurring on 16 specific occasions during five...

False Proof of Vacancy Leases Showed Improper Deregulation

January 25, 2021    

Landlord sued to evict unregulated tenant. Tenant claimed that he was rent stabilized, that the apartment had been improperly deregulated, and that he was overcharged. The court ruled for landlord after trial,...

Is Landlord's Remaining Family Member Rent Stabilized?

January 25, 2021    

Occupant lived all his life in the family apartment located in a six-unit building that his parents bought in 1951. He remained there after his parents and siblings moved out around 1980. After his father later died...

Landlord Submitted No Proof of Claimed IAIs

January 25, 2021    

Tenant sued landlord in 2011, claiming fraudulent improper deregulation of her apartment and rent overcharge. Landlord claimed that the unit had been properly vacancy deregulated. The trial court ruled for tenant,...

Is Landlord Responsible for Negligent Hiring of Employees Who Injured Resident?

January 25, 2021    

Family members of a resident of a facility for intellectually and developmentally disabled adults sued landlord after two of landlord's employees burned resident with a heated potato masher. They claimed that...

Landlord Proved Vacancy Deregulation of Apartment in 2010

January 25, 2021    

Tenant complained to the DHCR of improper apartment deregulation and rent overcharge. The DRA ruled against tenant after reviewing landlord's documentation of individual apartment improvements (IAIs) and...