NYC CIVIL COURT

Tenant's Daughter and Son-in-Law Can't Get Apartment

June 26, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Apartment occupants, who were tenant's daughter and son-in-law, asked the court for permission to amend their answer to landlord's...

Landlord Can't Prove Building Was Substantially Rehabbed

June 26, 2020    

Landlord asked the DHCR for a ruling that his building was exempt from rent stabilization based on substantial rehabilitation. The DHCR ruled against landlord, who then filed an Article 78 court appeal. Landlord...

Preliminary Injunction Against Smoker Denied

June 24, 2020    

Landlord sued two tenants and asked the court to declare the rights of the parties.  Tenant A complained that Tenant B, on the floor below her, smoked cigarettes in Tenant B's apartment, and that the smoke...

Landlord Sues to Stop Tenant from Smoking in Apartment During COVID Crisis

May 26, 2020    

(Decision submitted by Brian Graifman of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord sued tenant, seeking to protect the...

Rent-Controlled Tenant's Home Care Aide Gets Succession Rights

February 25, 2020    

Landlord sued to evict apartment occupant after rent-controlled tenant died. The occupant claimed succession rights as a nontraditional family member. Occupant had moved into the apartment in 2015 as tenant's...

DHCR Can't Retroactively Apply Amended RSC Provision on Setting Rent After Temporary Exemption

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $22,365, including interest. Landlord appealed, and the DHCR denied landlord's PAR. Landlord then...

MCI Application for Window Replacement Denied

April 26, 2019    

(Decision submitted by David Hershey-Webb, Esq. of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenant).

Daughters Can't Get Rent-Stabilized Apartment

April 26, 2019    

(Decision submitted by Kirk Karabelas, Esq. of the Long Island City law firm of Karabelas & Papagianopoulos LLP, attorneys for the landlord.)

Condo Unit Owner Sues Neighbor for Causing Pipe Burst and Water Damage

March 19, 2019    

Condominium unit owner sued building neighbor for damages caused by a water leak in his unit. The condo owner claimed negligence and sought $123,000. The condo owner claimed that his neighbor negligently disposed of...

Court Transfers Rent Overcharge and Improper Deregulation Claims to DHCR

January 27, 2019    

(Decision submitted by attorney Michael Littman of the Rockville Centre law firm of Sidrane, Schwartz-Sidrane, Perinbasekar & Littman, LLP, who represented the landlord.)

DHCR Properly Made Landlord and Tenant Responsible for Overcharge

October 29, 2018    

Landlord rented a rent-stabilized apartment to tenant in 1995, and periodically renewed the lease through 2007. Tenant was a business entity. In 2003, tenant''s rent was $1,524 per month, but tenant sublet...

Occupants Couldn't Submit Corrected Deposition Transcripts Three Months Late

October 27, 2018    

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, who represented the landlord.)