NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Harassed Rent-Controlled Tenant's Family Members

March 15, 2019    

Tenants complained to the DHCR that landlord harassed them. The DHCR ruled for tenants after a hearing, finding that landlord harassed tenants in violation of the rent control law. Landlord filed an Article 78 court...

Apartment Was Reregulated Due to J-51 Benefits

March 15, 2019    

Tenant sued landlord, claiming rent overcharge and that his apartment was improperly deregulated. Landlord claimed that tenant was barred by the doctrine of collateral estoppel because he didn't participate in...

Tenant Who Moved Out Five Days Late Entitled to Most of Security Deposit

March 15, 2019    

Former tenant sued landlord for return of his $3,000 security deposit after he moved out of the apartment. The trial court ruled against tenant, who appealed and won. Tenant moved out and returned apartment keys five...

Landlord Claims Building Was Substantially Rehabbed

March 15, 2019    

Landlord sued to evict tenant for nonpayment of rent, claiming that the apartment was unregulated. Landlord argued that the building was substantially rehabilitated in the late 1990s and asked the court to rule in...

College Not Responsible for Student Deaths in Off-Campus Housing

March 15, 2019    

Estate administrators of student-tenants sued landlord and Marist College for negligence after students were killed in a house fire. The college argued that it wasn't responsible for the students' deaths and...

Landlord Improperly Sought Higher Rent While Rent Reduction Order in Effect

February 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord and dismissed the case. There was a DHCR rent reduction order in effect that froze tenant's legal rent at $278 per month. The...

Landlord Must Pay $2,000 to HPD for Harassing Tenant

February 27, 2019    

Landlord sued to evict rent-stabilized tenant for refusing to renew her expired lease. Almost immediately after a trial started, landlord asked to discontinue the case because it couldn't make out all the...

Landlord's Rent Demand Was Fatally Defective

February 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand didn't provide a good faith estimate of the rent actually owed. The court agreed and dismissed the case....

Commercial Tenant Responsible for Clearing Snow

February 27, 2019    

Upstairs tenant sued landlord for injuries after slipping and falling on a snowy or icy condition on an outside staircase and breaking her ankle. After that case was resolved, landlord sued basement commercial tenant...

Tenant Didn't Submit Proper Record to Appeals Court

February 27, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant appealed and lost. The appeals court dismissed the case because tenant failed to assemble a proper record on appeal, which should have...

Mitchell-Lama Tenant's Family Member Can't Get Apartment

February 27, 2019    

Mitchell-Lama tenant's family member sought succession rights to tenant's apartment after tenant died. HPD ruled against tenant's family member, who then filed an Article 78 court appeal, claiming that...

NYCHA Tenant's Son Can't Get Apartment

February 27, 2019    

Landlord NYCHA tenant's son filed a grievance with NYCHA after tenant moved out, claiming succession rights to tenant's apartment. NYCHA ruled against tenant's son, who filed an Article 78 court appeal...