NEW YORK LAW JOURNAL

Nephew of Mitchell-Lama Co-op Tenant Fails to Prove Succession Rights

December 19, 2024    

After the tenant-shareholder of a Mitchell-Lama co-op apartment died, her nephew claimed succession rights to the apartment. HPD held a hearing, ruled against the nephew, and issued a certificate of eviction to the...

Landlord Didn't Serve Predicate Notice

December 19, 2024    

Landlord sued to evict apartment occupant, claiming that he was a squatter. The occupant asked the court to dismiss the case. He claimed that he was a licensee of the former tenant and that landlord therefore failed...

Court Dismisses Claim That Tenant Was Illegally Subletting to His Daughter

December 19, 2024    

Landlord sued to evict tenant for illegally subletting his rent-stabilized apartment to his daughter. The court granted tenant's motion to dismiss the case. Landlord's predicate notice failed to set forth...

Landlord Didn't Serve Tenant Notice of Occupancy Rights Under VAWA

December 19, 2024    

Landlord sued to evict tenant, claiming that her rental agreement expired on Feb. 29, 2024. The building contained fewer than six apartments and had been rent controlled at one time when the building received 421-a...

Landlord's Rent Demand Didn't Clearly or Properly Set Forth Amounts Due

December 19, 2024    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case based on a defective rent demand. The rent demand didn't fairly tell tenant of the periods of rent...

Nonpayment Case Dismissed Because No Lease in Effect When Case Commenced

December 19, 2024    

Landlord sued to evict unregulated tenant for nonpayment of rent in April 2024. Landlord claimed that the last rental agreement was made with tenant on Feb. 5, 2023, and that tenant owed back rent for the period...

Tenant Claims Apartment Was Improperly Deregulated

November 25, 2024    

Landlord sued to evict unregulated tenant after sending a 90-day termination notice. Landlord claimed that the apartment had been vacancy-deregulated from rent stabilization. In response, tenant claimed rent...

Landlord Disregarded Time Frame for Occupants to Quit Premises

November 25, 2024    

Landlord, which became the building owner under a Referee's Deed, sue to evict occupants of a first-floor apartment in the building after serving a 10-day notice to quit. Landlord claimed that none of the...

Attorneys Sanctioned for Failure to Conduct Reasonable Inquiry into the Facts of the Case

November 25, 2024    

Landlord sued to evict rent-stabilized tenant with a Section 8 rent subsidy, claiming that she was a licensee/squatter. Tenant was the single mother of a severely autistic adult son and was the last remaining rent-...

No Attorney's Fees for Landlord Who Got Less Than Half the Rent Sought in Case

November 25, 2024    

Landlord sued to evict tenant for nonpayment of rent. After a long court history, including two appeals on a prior nonpayment case, the court denied landlord's motion to restore the case for a determination on...

Nonpayment Proceeding Dismissed Where No Proof of Rental Agreement Between Parties

November 25, 2024    

Landlord sued to evict tenant of an unregulated apartment for nonpayment of rent. Tenant asked the court to dismiss the case because he never entered into an agreement with landlord to pay $2,140 per month for rent....

SCOTUS Won't Hear Landlords' HSTPA Challenge

November 25, 2024    

On Nov. 12, 2024, the U.S. Supreme Court denied a petition for certiorari by a group of New York property owners who had asked the Court to review a federal court denial of the owners’ challenge to certain...