MISCELLANEOUS

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...

New York's Highest Court Upholds NYC Approval of Affordable Housing Development at Community Garden Site

July 25, 2024    

Petitioner began leasing a lot owned by the City of New York on a month-to-month basis in 1991. Starting in 2005, petitioner used the lot as a green space/sculpture garden. After the city identified the lot as a...

Green Amendment Can't Be Used by Residents to Re-Challenge Environmental Rights

June 27, 2023    

Neighborhood residents sued the city, and asked the court to compel the city to take various actions in connection with a housing development project. They claimed that they lived in the neighborhood and insisted...

Broker Didn't Advise Tenant She Also Owned the Apartment

August 24, 2022    

Former tenant of a two-family house sued landlord, who was also his real estate broker, seeking a refund of $2,900 he paid to landlord when he rented the apartment. Landlord, in turn, counterclaimed for $5,000,...

Broker's License Revoked for Defrauding Landlords and Tenants

December 22, 2021    

A NYC real estate broker appealed a decision by the state's Division of Licensing Services to revoke his broker's license. After a hearing, the division had found that the broker demonstrated...

AO 262/21 Restricts Mortgage Foreclosure Actions Where Hardship Declaration Filed

September 27, 2021    

On Sep. 9, 2021, the Chief Administrative Judge of the NY Court system issued AO 262/21, which supersedes some prior Administrative Orders and restricts the filing of commencement papers in mortgage foreclosure...

Court Won't Issue Injunction to Force Co-op Tenant to Wear Mask in Lobby

July 26, 2021    

Cooperative shareholder tenant sued another building lessee and asked the court for an injunction forcing the lessee to wear a face mask within the building's common areas. The shareholder claimed that the lessee...

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...

Landlord Sanctioned for Filing Repeated Requests to Discharge 7-A Administrator

May 25, 2021    

The Civil Court appointed a 7-A administrator to manage landlord's building in 2011 based on landlord's failure to responsibly maintain the building. Landlord later asked the court to discharge the 7-A...

Landlord Gets TRO Against Tenant Who Refused to Wear Mask

May 25, 2021    

Landlord filed an emergency order to show cause for injunctive relief and a temporary restraining order (TRO) against tenant, based on claims of offensive and nuisance conduct creating health-related and safety risks...

Court Rules HSTPA Doesn't Prohibit Broker's Fees

May 24, 2021    

REBNY and the NY State Ass'n of Realtors sued the NY State Dept. of State (DOS) after state regulators issued guidance on Jan. 31, 2020, which suggested that, under HSTPA, it was illegal for prospective renters...

Residents Can't Challenge City Plan to Move Homeless to Nearby Shelter

January 25, 2021    

Downtown New Yorkers Inc., a not-for-profit organization of people who lived, worked, and owned property in NYC's Financial District (FiDi) sued NYC, seeking a declaration that the city's plan to open the...