NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Can't Get Back Rent Owed by Tenant from DSS

January 24, 2019    

The NYC Department of Social Services (DSS) applied to the court for appointment of an Article 81 guardian for tenant, who was facing eviction proceedings. The court issued a temporary restraining order in December...

Court Limits Monthly Use and Occupancy Payment

January 24, 2019    

Landlord sued to evict tenant, and asked the court to order payment by tenant of monthly use and occupancy while the case was pending. Landlord also asked the court to rule in its favor without a trial. The court...

Nontraditional Family Member Doesn't Prove He Lived with Tenant Before She Died

January 24, 2019    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed succession rights as a nontraditional family member. The court granted landlord's request for pre-trial...

Landlord Claims Tenant Operated a Bakery in Her Apartment

January 24, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by operating a commercial bakery out of her apartment while also renting rooms to a series of boarders. Tenant claimed that landlord's...

Triple Damages and Rent Freeze Applied to Rent Overcharge

January 24, 2019    

Rent-stabilized tenant sued landlord, claiming improper deregulation of tenant's apartment and rent overcharge. Tenant claimed that she was rent stabilized since the building had received J-51 tax benefits and...

Broker Who Rented House to Tenant Not Entitled to Sales Commission When Tenant Bought House

January 24, 2019    

Real estate broker sued homeowner for failing to pay a commission. The broker had an agreement to find a tenant for the house and that, if tenant later purchased the house, the broker would receive a commission for...

Landlord's Notice of Lease Violation and Nuisance Was Vague and Defective

January 24, 2019    

Landlord sued to evict rent-stabilized tenant, claiming that tenant's conduct interfered with the health, safety, comfort, and/or quiet enjoyment of other building occupants. Landlord said this violated...

NYCHA Tenant's Son Can't Get Apartment

January 24, 2019    

NYCHA tenant's son claimed succession rights after tenant died. NYCHA ruled against the son after a hearing. He then filed an Article 78 court appeal, claiming that NYCHA's decision was unreasonable. The...

Trial Must Determine If Tenant Engaged in Profiteering

January 24, 2019    

Landlord sued to evict rent-stabilized tenant for profiteering by renting space in her apartment for short-term transient occupancy. Landlord asked the court to rule in its favor without a trial. The court ruled...

DHCR Must Reconsider Triple Damages

January 24, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $23,100, including triple damages. Landlord appealed the portion of the DRA's order that assessed triple damages,...

Trial Must Determine Whether Building Is Exempt from Rent Stabilization

January 24, 2019    

Landlord sued to evict unregulated tenant, claiming that the building was exempt from rent stabilization due to substantial rehabilitation after Jan. 1, 1974. Tenant claimed that he was rent stabilized and asked the...

Eviction Proceeding Dismissed Because Lease Lacked Essential Terms

January 24, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord terminated the tenancy based on its...