NEW YORK LAW JOURNAL

Fraudulent Scheme to Deregulate Depends on "Totality of the Circumstances"

November 20, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and improper apartment deregulation, and asked the court to grant discovery beyond the four-year lookback period applicable to her...

Landlord LLC in Noncompliance with Limited Liability Law Publication Requirements

October 27, 2024    

Landlord sued to evict tenant. Tenant asked the court to dismiss the case because landlord, a limited liability company (LLC), didn't publish its articles of organization and therefore didn't comply with...

Nonpayment Proceeding Dismissed Due to Occupancy Contrary to C of O

October 27, 2024    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $31,000. Tenant asked the court to dismiss the case. The court ruled for tenant. An ECB violation had been issued for "...

Errors in Rent Demand Result in Dismissal of Nonpayment Proceeding

October 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because the rent demand was defective. The court agreed. The rent demand incorrectly claimed that rent began to accrue...

Landlord Must Arrange for Access to Correct HPD Violations

October 27, 2024    

Landlord sued tenant, claiming that tenant had blocked access for work to correct HPD violations in tenant's apartment, despite significant expense by landlord in attempting to cure. Tenant in turn asked the...

Landlord Related to IAI Contractor Proved Costs of 2018 Improvements

September 20, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. Tenant said the apartment rent was increased before he moved in based on landlord's false claims concerning individual apartment...

Former Employee, Now Tenant, Gets $60K in Attorney's Fees After Eviction Case Dismissed

September 20, 2024    

Landlord sued to evict an employee from an apartment in its building after his employment was terminated. Landlord claimed the apartment use was incidental to the employment. The court dismissed the case, then denied...

Nonpayment Case Dismissed Due to Defective Rent Demand

September 20, 2024    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default with a money judgment based on back rent due at $1,559 per month. After later receiving the marshal...

Landlord Suing Condo Tenant Can Seek Indemnification from Condo Board

August 27, 2024    

Landlord, the owner of a condominium unit, sued tenant for breach of tenant's lease by failing to pay rent between Aug. 15, 2019, and Dec. 14, 2019, and for refusing to grant access to landlord and the condo'...

Rent-Stabilized Tenant's Brother Gets Tenant's Apartment

July 29, 2024    

Landlord sued to evict rent-stabilized tenant and additional apartment occupants based on tenant's nonprimary residence. While tenant had moved to Georgia and no longer primarily resided in the apartment, tenant...

Tenant Gets 100% Rent Abatement for 44 Months Due to Defective Roof

July 25, 2024    

Landlord sued to evict successor of deceased rent-controlled tenant for nonpayment of rent. Landlord sought $152 per month from October 2019 through August 2023. Tenant asked the court to dismiss the case, claiming...

Nonpayment Proceeding Dismissed Due to Defective Rent Demand

June 26, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant, finding that landlord's predicate rent demand consisted of a rent ledger that...