NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Rent Stabilization Coverage Was Preempted by HUD Regulation

September 18, 2018    

Tenant association at apartment building for low- and moderate-income families sued landlord, claiming that the building was subject to rent stabilization. The court ruled for tenants. Landlord appealed and won, in...

No Review of Pre-Base Date Rent History Permitted Where Court Found No Fraud

September 18, 2018    

Tenants sued landlord for rent overcharges, claiming that their apartments had been improperly deregulated while the building received J-51 tax benefits. Before tenants sued, landlord had made some adjustment to...

Tenant Must Pay for Water Damage Caused by Washing Machine

August 24, 2018    

Landlord sued former tenant in small claims court to recover $4,350, representing back rent, the cost of repairs needed when tenant's washing machine had caused water damage to landlord's apartment below, and...

Landlord Charged Tenant Excessive Late Fees

August 24, 2018    

Landlord sued to evict tenant, claiming that tenant owed back rent and related charges. The court ruled for tenant, who appealed and won in part. Since tenant's lease didn't deem late fees, utility charges,...

Corporate Tenant Used Rent-Stabilized Apartment for Different Directors Over Time

August 13, 2018    

Landlord sued to evict corporate tenant from rent-stabilized apartment based on nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Landlord initially leased the apartment to corporate...

Cortland City's Zoning Restriction Against Rentals to Unrelated Groups of People Upheld

August 13, 2018    

Landlords of residential properties in Cortland, N.Y., who rented properties primarily to groups of college students, sued the city in 2010. They claimed that a local ordinance requiring landlords to obtain rental...

Tenant Not Entitled to Refund of Rent Paid While Building Violated Permit Rules

August 12, 2018    

Former tenant sued landlord in small claims court to recover $300 security deposit along with $1,200 paid for eight weeks' rent. Landlord in turn claimed that tenant owed $2,680 in back rent and cable TV bills,...

Renewal Lease Offer During Pending Eviction Case Didn't Revoke Court Action

August 12, 2018    

Landlord sued to evict rent-stabilized tenants for illegally subletting their apartment, for permitting overcrowding in violation of the lease, and for causing a need for repairs to the apartment. Tenants asked the...

Tenant Didn't Prove Her Son Needed a Guardian Ad Litem During Trial

August 12, 2018    

Landlord sued to evict tenant and her adult son for creating a nuisance in their apartment. After trial, the court ruled for landlord and issued an eviction warrant. But since only the tenant's son engaged in...

Landlord's Employee Was Rent-Stabilized Tenant

August 12, 2018    

Landlord sued to evict a building employee as a licensee who no longer had permission to live in two apartments that landlord claimed were exempt from rent stabilization. The court ruled against landlord, who...

Landlord Not Responsible for Unauthorized Work Done by Super

August 12, 2018    

An independent contractor who performed flooring work in tenant's apartment sued landlord for payment for the work and for actions by the building super, who assisted with the work. The court granted landlord...

Co-op Didn't Get Board Approval Before Seeking Eviction of Shareholder Tenant

August 11, 2018    

Landlord cooperative corporation sued to evict shareholder tenant for noncureable objectionable conduct. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord failed to...