NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Did Landlord Fail to Cure Mold Violations?

June 22, 2021    

Tenant sued landlord to obtain correction of building violations in his apartment. In October 2020, the trial court issued a decision, finding a Class B violation for mold in the foyer closet and a Class C violation...

Is Landlord Responsible for Fire That Killed Tenant?

June 22, 2021    

The daughter of a deceased rent-stabilized tenant sued landlord for wrongful death after tenant died in a fire that broke out in her apartment during the night while she was sleeping. The daughter claimed that the...

Tenant's Adopted Child Can't Get NYCHA Apartment

June 22, 2021    

NYCHA, as landlord of a federally funded public housing project under HUD regulations, denied a remaining family member (RFM) grievance by a surviving family member who sought succession to deceased tenant's...

Nonprimary Residence Claim Dismissed Despite Some Proof of Second Apartment

June 22, 2021    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled against landlord, who appealed and lost. Tenant and her seven witnesses demonstrated that she maintained an ongoing...

Explanatory Addendum to 2018 Deregulation Order Was Valid

June 22, 2021    

Landlord applied for high-rent/high-income deregulation of tenants' rent-stabilized apartment in 2010. The DRA didn't issue a deregulation order for landlord until February 2018, based on the DRA's...

Landlord's Mandamus Petition Against HPD to Force Action on Loft Legalization Process Dismissed

June 21, 2021    

Landlord owned a five-building complex of interim multiple dwellings (IMDs) located in a single zoning lot in the Special Clinton District. All of the buildings were subject to the NYC Loft Law. Landlord sought to...

Rochester Approves Redevelopment of Housing Complex for Seniors

June 21, 2021    
Landlord sought to redevelop a 60-unit affordable housing community for seniors. The 1957 deed from the City of Rochester to prior landlord contained several restrictive covenants, including a provision that any...

Building Converted from Five to Six Apartments Became Rent Stabilized

June 21, 2021    

Landlord brought five separate eviction proceedings against five tenants in the same building. Landlord claimed that the tenants were unregulated because the building contained fewer than six residential units. The...

Apartment Was Lawfully Deregulated Before Rent Act of 2015 and HSTPA

June 20, 2021    

Landlord sued to evict tenant, claiming that tenant's apartment was exempt from rent stabilization due to high-rent vacancy. Tenant claimed that he was rent stabilized. The court ruled against tenant, who...

Landlord Can't Intervene in Article 81 Guardianship Proceeding for Tenant

June 20, 2021    

Landlord sued to evict tenant for nonpayment of rent in 2018. When the parties first appeared, it was shown that tenant was diagnosed as bipolar. Adult Protective Services then intervened, and the court appointed a...

Tenant Claims Children's Bedbug Bites Breached Warranty of Habitability

June 20, 2021    

Tenant sued landlord on behalf of her children, claiming that they were bitten by bedbugs in their apartment. Among other things, tenant claimed constructive eviction, intentional infliction of emotional distress,...

Landlord Didn't Have Control Over Resident Who Allegedly Harassed Tenant

June 20, 2021    

Tenants sued landlord, claiming breach of the warranty of habitability and violations of federal and state housing discrimination laws. The court granted landlord's request to dismiss the case without trial....