NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Can Amend Complaint a Second Time Based on Regina

July 13, 2020    

Rent-stabilized tenant sued landlord for rent overcharge based on improper deregulation of his apartment while the building was receiving J-51 tax benefits. While tenant's complaint was pending, the rent...

Four-Year Lookback Didn't Bar Tenant's Reliance on 1986 Rent Reduction Order

July 13, 2020    

Rent-stabilized tenant sued landlord for rent overcharge, based on a DHCR rent reduction order issued effective May 1, 1986. Landlord asked the court to dismiss the case. The court ruled for landlord and denied...

Landlord Didn't Prove Apartment Was Used for Illegal Drug Trade

June 26, 2020    

Landlord sued to evict rent-stabilized tenant for drug-related criminal activity in tenant's apartment, following the arrest of an occupant at the apartment. Landlord said that the HUD Voucher Program,...

Are Homeless Occupants in Scatter Site Program Rent-Stabilized Tenants?

June 26, 2020    

Occupants, who were low-income, homeless families in danger of eviction, sued landlords, seeking a declaration that they were rent-stabilized tenants as well as leases in their own names. They claimed that landlords...

Security Deposit Vouchers Are a "Source of Income" Under NYC Law

June 26, 2020    

Prospective tenant applied for an apartment from landlord, who rejected her application because she couldn't pay a cash security deposit. Tenant claimed that she had a security deposit voucher from HRA. Claiming...

NYCHA Sanctioned $1,000 for Altering Documents in Warrant Clerk's File

June 26, 2020    

Landlord NYCHA sued to evict tenant. The court ruled for NYCHA and issued an eviction warrant. When landlord went to the court clerk's office to process the eviction warrant, the warrant was rejected for missing...

Tenants Forfeit Three-Month Security and Owe More for Damaging Apartment

June 26, 2020    

Former tenants of a Manhattan brownstone triplex sued landlord for return of their substantial security deposit. Among other things, they claimed that landlord commingled the deposit in violation of the General...

No Notice to Cure Needed Before Terminating for Profiteering

June 26, 2020    

Landlord sued to evict rent-stabilized tenant for using the apartment as a hotel for short-term rentals under Airbnb. At the same time, landlord sued tenant in State Supreme Court, seeking a preliminary injunction to...

Was Landlord Responsible for Pedestrian's Slip-and-Fall Outside Building?

June 26, 2020    

Pedestrian, who was injured in a slip-and-fall in the snow in front of landlord's building, sued landlord for negligence. The court granted landlord's request to dismiss the case without a trial. ...

Court Must Take Back Dismissed Rent Overcharge Case After Collazo Ruling

June 26, 2020    

Tenant sued landlord, claiming improper deregulation and rent overcharge. Tenant claimed that he was rent stabilized. Landlord asked the court to dismiss the case, arguing that the DHCR had primary jurisdiction over...

Landlord Couldn't Prove Individual Apartment Improvements

June 26, 2020    

Rent-stabilized tenant sued landlord, claiming rent overcharge.  The court ruled for tenant, without trial, based on documents presented by both sides. The prior tenant's last rent was $869 per month. Tenant...

Landlord Proved Apartment Was Vacancy Deregulated

June 26, 2020    

Landlord sued to evict unregulated tenant. The trial court ruled for landlord and granted landlord's request that tenant pay use and occupancy totalling $10,880.