NEW YORK LAW JOURNAL

Tenants Can't Claim Discrimination Based on Exploitation

March 14, 2013    

Former building tenants, all low-income Latinos, sued the Nassau County Village of Farmingdale and landlord for housing discrimination. Between 1999 and 2004 the village expressed interest in redeveloping the area...

Tenant Gets Interest on Attorney's Fees Award

March 14, 2013    

Landlord sued to evict tenant. The court ruled against landlord and awarded tenant $7,395 in attorney's fees. Both landlord and tenant appealed. Landlord claimed that that court wasn't authorized to award...

Tenant Died Before Judgment Entered in Eviction Proceeding

March 14, 2013    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. The case was adjourned in court a number of times during 2012. Tenant never appeared. Instead, tenant's nephew appeared, stating that...

Tenants Claim They Never Received PAR Decision

March 14, 2013    

Landlord asked the DHCR to establish maximum base rents (MBRs) for rent-controlled tenants in its building complex. The DHCR set the rents using the standard MBR formula. Landlord then sought Article 78 judicial...

Tenants Forced Out of Apartment by Bedbug Condition

February 11, 2013    

Former tenant roommates sued landlord in small claims court for return of the security deposit as well as for damage to their property resulting from a bedbug condition in the apartment. The court ruled for tenants,...

Co-op Gets Attorney's Fees in Nonpayment Case

February 11, 2013    

Landlord cooperative corporation sued in 2004 to evict tenant shareholder for nonpayment of maintenance.  The court ruled for landlord in 2006. While the case was pending the co-op also voted to terminate tenant...

Tenant Can't Appeal Reinstatement of Landlord's Attorneys

February 11, 2013    

Landlord sued to evict tenant. Tenant asked the court to disqualify landlord's attorneys from representing landlord in the proceeding based on a claimed conflict of interest. The court ruled for tenant. Landlord...

Tenant Didn't Materially Violate Settlement Agreement

February 11, 2013    

Landlord sued to evict rent-controlled tenant based on illegal activity in tenant's apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to judgment for the landlord and issuance...

Roof Terrace Work Disallowed from Total Cost of MCI

February 11, 2013    

Landlord applied for MCI rent hikes based on roof work, including work performed on the building roof terrace. The DHCR ruled for landlord. Tenants filed an Article 78 court appeal, and the case was reopened for...

Outpatient Substance-Abuse Residents Claim They're Rent Stabilized

February 11, 2013    

Landlord leased a section of its SRO hotel to a counseling center that operated an outpatient substance-abuse program. The counseling center, in turn, rented 89 rooms to participants under transitional residency...

No Attorney's Fees for Landlord

February 11, 2013    

Tenant brought an HP proceeding in housing court to force repairs. Tenant claimed that noise coming from the boiler directly beneath her apartment created a violation. Landlord asked the court to dismiss the case and...

Tenant Who Claimed Illegal Lockout Had Abandoned Apartment

February 11, 2013    

Tenant sued landlord NYCHA for wrongful eviction. The court ruled against tenant, who appealed and lost. Tenant claimed that he had been illegally locked out of his apartment. But tenant had moved to Virginia to live...