NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Disavowed Nonrenewal Notice by Sending Renewal Lease Offer Earlier

October 27, 2023    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court denied tenant's request to dismiss the case without trial. Tenant appealed and won. Landlord's offer to renew tenant's...

Landlord Couldn't Prove Undated Lease Had Expired

October 26, 2023    

Landlord sued to evict an unregulated tenant in 2019, claiming that tenant's lease had expired. In response, tenant claimed waiver and that her lease was still in effect. After holding a trial, the court ruled...

Landlord's Request for Use and Occupancy Pendente Lite Was Premature

October 26, 2023    

Landlord sued to evict apartment occupant, who was tenant's grandson, after rent-stabilized tenant died and his lease had expired. The first court date was June 22, 2023, and the case was adjourned by the court...

Eviction Proceeding Commenced After ERAP Application Filed Must Be Dismissed

October 26, 2023    

Landlord sued to evict the month-to-month tenant of an unregulated apartment in a two-family house after sending a 90-day termination notice. Landlord claimed that tenant owed rent and/or use and occupancy totalling...

Appeals Court Finds Tenants' Claim of Fraud Insufficient

October 26, 2023    

Tenants in a J-51 building sued landlord in a class action, claiming rent overcharges and improper deregulation. The court ruled for tenants without trial and found that the legal regulated rents for their apartments...

Unit Didn't Become Deregulated by Rent Increase Resulting from Adding New Co-Tenant

October 26, 2023    

Landlord sued to evict tenants, claiming they were deregulated. The court disagreed and dismissed landlord's claim. Landlord appealed and lost. Tenant and prior co-tenant had moved into the rent-stabilized...

Landlord Can't Recover Airbnb Violation Fines from Tenant Where There's No Proof of Fines

October 26, 2023    

Landlord sued tenant, seeking reimbursement of fines imposed on it by city agencies because tenant illegally sublet her apartment through Airbnb. Tenant asked the court to dismiss the case. She claimed that she had...

U.S. Supreme Court Declines to Hear Landlords' Claim That Rent Stabilization Law Is Unconstitutional

October 26, 2023    

Shortly after HSTPA was enacted in June 2019, the Community Housing Improvement Program (CHIP), Rent Stabilization Association of NYC (RSA), and several individual landlord entities sued the City of New York, the...

Landlord's Proposed Demolition of Upper Floors Only Didn't Qualify for Approval

October 26, 2023    

Landlord applied to the DHCR for permission to demolish a building containing rent-stabilized apartments and to proceed to evict tenants. The DHCR ruled against landlord, who then filed an Article 78 court appeal....

Is Landlord Responsible for Admitting Visitor Who Attacked Tenant?

September 25, 2023    

Tenant sued landlord for negligence in connection with injuries sustained in his apartment. The court denied landlord's request to dismiss the complaint. Tenant lived in and worked out of his apartment as a...

Was Tenant Injured by Building's Security Guards During Courtyard Incident?

September 25, 2023    

Tenant sued landlord for damages due to personal injuries suffered as the result of what tenant claimed was negligent hiring, retention, and supervision of security guards at the building. Tenant claimed that she was...

Prior Court Ruling Established That Tenants Were Subject to Rent Stabilization

September 25, 2023    

Two tenants sued landlord, claiming that their apartments were rent stabilized, seeking rulings on the legal regulated rents for their apartments and issuance of renewal leases. The court ruled for tenants. Prior...