NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Had No Rent-Stabilized Lease and Never Paid Rent to New Landlord

September 24, 2024    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case and denied landlord's request for summary judgment granting possession without a trial. Landlord...

Landlord Didn't Prove Tenant's Lease Barred Installation of A/C

September 24, 2024    

Landlord sued to evict rent-stabilized tenant for breach of lease, claiming that tenant illegally installed an air conditioner in his living room window, contrary to the terms of his lease. In addition, landlord...

Change to Key System with Charges for Additional Keys Was Reduction in Services

September 24, 2024    

In 2018, various tenants complained to the DHCR of a reduction in building-wide services. They claimed that landlord changed the front entrance door lock from one using traditional keys to one with non-duplicable...

Landlord Wasn't Responsible for Attack by Tenant's Pit Bull on Delivery Person

September 24, 2024    

A delivery person sued both landlord and tenant for personal injuries after the tenant's dog jumped on him and bit him, causing him to fall twice. The court granted landlord's request to dismiss the case...

Landlord Can Withhold a Portion of Tenant's Security Deposit for Proven Repairs Needed

September 24, 2024    

Former tenant sued landlord in Nassau County small claims court for refund of his $3,300 security deposit after vacating two apartments in the building. Landlord counterclaimed to recover $5,000 for repair costs,...

Landlord Must Wait for Final DHCR Ruling on Remanded Case Before Filing Appeal

September 24, 2024    

Tenant complained to the DHCR in 2018 of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant in 2023, finding that the apartment had been vacancy deregulated in 2018 when...

Landlord Responsible for Tenant's Injuries After Bathroom Ceiling Fell on Her

September 24, 2024    

Tenant sued landlord for negligence. One day there was a continuous leak in the ceiling of her bathroom and, while trying to catch the water and leaning over the bathtub to remove debris that was clogging the drain,...

Termination Notice Failed to State Tenant Received Section 8 Subsidy

August 28, 2024    

Landlord sued to evict tenant based on termination of the lease term through a 90-day termination notice. Tenant asked the court to dismiss the case without a trial because landlord failed to comply with termination...

Mitchell-Lama Co-op Tenant Cured Failure to Recertify Income

August 28, 2024    

Landlord, a limited profit cooperative corporation, sued to evict Mitchell-Lama tenant based on tenant's failure to submit annual income affidavits for the years 2019-2022 in violation of Mitchell-Lama program...

Is Landlord Responsible for Tenant's Slip-and-Fall on Loose Staircase Step?

August 28, 2024    

Tenant sued landlord for negligence after she fell on a loose or detached stair while walking down a six-floor staircase in her apartment building. Tenant stated that she felt her right foot lean forward and the back...

Default Judgment Vacated After Tenant Shows Reasonable Excuse for Default

August 28, 2024    

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment. The court ruled for landlord after tenant failed to appear in court and it had conducted an inquest. Tenant later asked the court...

Is Landlord Responsible for Ceiling Collapse that Injured Tenant?

August 28, 2024    

A subtenant sued landlord for negligence after sustaining personal injuries when a portion of the bathroom ceiling in her apartment collapsed on her.  During a period of at least six months, the subtenant had...