NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Housing Court Decides to Enforce DHCR Service Reduction Order in HP Proceeding

September 23, 2021    

Tenant sued landlord in a housing court HP proceeding, claiming that a sloping floor condition in his apartment needed correction even though HPD issued no violation for the condition after inspection. The court...

Unlawful Apartment Occupants Get No Delay of Eviction Case Under CEEFPA

September 23, 2021    

Landlord sued to evict apartment occupants after tenant surrendered possession. One unnamed occupant filed a COVID-19 Hardship Declaration. Another unnamed occupant appeared in court on a case adjournment date. The...

Landlord Was Responsible for Rent Overcharge Despite Building Purchase at Judicial Sale

August 26, 2021    

Landlord sued to evict rent-stabilized tenants based on nonpayment of rent. Tenants claimed rent overcharge. The court ruled against landlord and in favor of tenants in 2018. The court found that rent overcharges due...

CEEFPA Bars Landlord From Evicting Occupant Without Additional Motion Filing

August 26, 2021    

Landlord sued to evict an unregulated tenant and his roommate from an apartment in 2018. On March 4, 2020, after a number of court appearances and motion practice, landlord signed a court-ordered settlement agreement...

Tenant Can't Reopen Nonpayment Case

August 26, 2021    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, awarding possession and a money judgment for $10,183. Tenant then asked the court to reopen the case based on claimed newly...

Court Won't Reject Tenant's Hardship Declaration Where Landlord Doesn't Prove Nuisance

August 26, 2021    

Landlord sued to evict tenant in 2021 for creating a nuisance. Landlord also filed an order to show cause in May 2021 asking the court to reject a Hardship Declaration that tenant had filed, and to vacate any stay of...

Tenant Can File Late Answer and Conduct Pre-Trial Questioning in Nuisance Case

August 26, 2021    

Landlord sued to evict rent-stabilized tenant for breaching a substantial obligation of her tenancy and for creating a nuisance through objectionable conduct. Landlord claimed that tenant caused loud music to emanate...

U.S. Supreme Court Stops Enforcement of Tenant Self-Certification of Hardship Under CEEFPA

August 25, 2021    

A group of five landlords and one landlords' organization (plaintiffs) challenged New York's COVID Emergency Eviction and Foreclosure Prevention Act (CEEFPA) in federal court. The lower court ruled against...

Did Tenant's Apartment Alterations Constituted a Nuisance?

August 24, 2021    

Four rent-stabilized tenants sued landlord in 2014, seeking to restrain landlord from harassing tenants and from installing a central boiler in the building. Landlord, in turn, claimed that one tenant made building...

Landlord's Preferential Rent Rider Was Invalid

August 24, 2021    

Landlord sued to evict rent-stabilized tenant for failure to renew his lease. In answer to the holdover petition, tenant claimed that landlord induced him to sign a lease rider several months after he signed his...

Tenant Can't Sue Landlord's Daughter for Breach of Tenant's Lease

August 24, 2021    

Tenant sued someone he claimed was his landlord, claiming a breach of tenant's lease and seeking $25,000. The named "landlord" asked the court to dismiss the complaint. A copy of the lease in question...

Landlord Can't Withhold Security Deposit for Repainting

August 24, 2021    

Former tenant sued landlord in Yonkers City Court, seeking a refund of her $2,035 security deposit. The trial court ruled for tenant in part and awarded her $1,026.