NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Rent-Stabilized Tenant Still Responsible for Rent If Renewal Lease Not Offered

October 23, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant argued that, because his last renewal lease expired on July 31, 2017, and he had no current renewal lease, he didn't owe rent. The...

Elderly, Disabled Tenant Granted Six-Month Delay of Eviction

October 23, 2019    

Landlord sued to evict tenant for creating a nuisance based on the condition of her apartment. Tenant was elderly, was granted a life estate when her family sold the building to landlord, and had an Article 81...

DHCR Must Decide If Repeal of Deregulation Law Applied to Tenant's Case

October 23, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment after the building's J-51 tax benefits ended. Tenants argued that the building became rent stabilized solely as a...

New Owner Not Responsible for Triple Damages Chargeable to Net Lessee

October 23, 2019    

Tenants sued landlords in 2013  for rent overcharge and improper deregulation of their apartments. The court found that tenants were rent stabilized, that there were overcharges based on fraud, and that triple...

Class Action Sent Back for Recalculation of Rent Overcharges Based on 2019 Rent Law Amendments

October 22, 2019    

Tenants sued landlord in a 2009 class action, claiming rent overcharge and wrongful deregulation of apartments while landlord received J-51 tax benefits starting in July 2003, and for failing to return previously...

Tenants Get 12 Percent Rent Abatement for Fleas in Apartment

September 25, 2019    

Landlord sued tenants in small claims court, claiming that they breached their lease by moving out early. Tenants counterclaimed for breach of the warranty of habitability and constructive eviction. The court ruled...

Tenant Can't Prove Source-of-Income Discrimination

September 25, 2019    

Landlord sued to evict tenant of three-family house for nonpayment of rent. Tenant claimed source-of-income discrimination under NYC Human Rights Law. The court ruled against tenant. Tenant failed to prove that she...

Tenant Gets 20 Percent Rent Abatement for Persistent Water Leaks

September 25, 2019    

Landlord sued to evict tenant of three-family house based on nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant. Tenant credibly testified that there were persistent...

Landlord Gets $2,000 Penalty and "C" Violation for Harassing SRO Tenant

September 25, 2019    

Landlord sued to evict rent-stabilized SRO tenant for nonpayment of rent. The court dismissed landlord's claim at trial based on landlord's default, but considered the counterclaims raised in tenant's...

Court Freezes Legal Rent at Last Reliable Registered Rent

September 25, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant and later calculated the amount of the overcharge by applying the June 2019 amendments...

Landlord Can't Sue Rent Guarantor in an Eviction Proceeding

September 25, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and denied tenant's request to vacate the judgment entered in Nov. 2013. Tenant appealed and won. The nonpayment petition, and...

Tenant Awarded Full Refund of Security Deposit

September 25, 2019    

Former tenant sued landlord in small claims court to recover $2,900 security deposit paid for rental of landlord's house. Landlord counterclaimed for $1,906 in property damage, repairs, lost wages, late fees, and...