NEW YORK LAW JOURNAL

Was Landlord Responsible for Tenant's Fall in Stairway?

November 15, 2012    

Tenant sued landlord for negligence after she slipped and fell in a building stairway while trying to avoid a puddle of urine covering some of the steps. Landlord claimed that it wasn't responsible and asked the...

Tenant Gets Interest on Attorney's Fee Award

November 15, 2012    

Landlord sued to evict tenant. The court ruled against landlord and awarded tenant attorney's fees. Landlord appealed the attorney's fee award and lost. Although the lease didn't define the attorney's...

Tenant Can't Sue Courts After Losing Case

November 15, 2012    

Tenant sued her landlord, its managing agent, and a housing court judge, claiming that landlord overcharged her and failed to provide services, and that the housing court improperly ruled against her in a prior...

Month-to-Month Tenant Entitled to Full Security Deposit Refund

November 15, 2012    

Former month-to-month tenant sued landlord in White Plains small claims court, seeking the refund of his security deposit. Landlord, in turn, claimed that tenant owed one month's rent because he failed to give...

Landlord Not Responsible for Intruder's Attack on Tenant

November 15, 2012    

Tenant sued landlord for negligence after she was attacked by an intruder who had gained access to the building when she opened the door for him. He then pushed his way into her apartment while she tried to lock the...

Tenants Can Waive Treble Damages to Pursue Class Action

November 15, 2012    

Tenants sued landlord for rent overcharge, claiming that landlord illegally charged them market rents despite receiving J-51 tax benefits. Tenants argued that they were rent stabilized and asked that the court...

NYCHA Can't Evict Tenant After Gun and Marijuana Found in Apartment

November 15, 2012    

NYCHA terminated tenant's lease for nondesirability and breach of building rules after a firearm was recovered from, and marijuana was seen in, tenant's apartment. Tenant filed an Article 78 appeal, claiming...

Landlord Waited Too Long to Enforce "No Pets" Lease Clause

November 15, 2012    

Landlord sued to evict tenant for violating a "no pets" provision of her lease. Tenant asked the court to dismiss the case, claiming that landlord waited more than three months to enforce the lease clause....

Tenant Improperly Notified of Subsidy Termination

November 15, 2012    

Landlord NYCHA terminated tenant's Section 8 subsidy. Tenant filed an Article 78 appeal of NYCHA's decision and sought retroactive reinstatement. NYCHA claimed that tenant's appeal was untimely because it...

Former Mitchell-Lama Development Doesn't Owe Transfer Tax

November 15, 2012    

Trump Village, a Brooklyn housing development since 1961, left the Mitchell-Lama program in 2007 to become a private cooperative building by paying the mortgage, dissolving, and then reforming as a...

Tenants Can Pierce Landlord's Corporate Veil

November 15, 2012    

Tenants sued landlord for a rent overcharge. Landlord was a corporation, and tenants asked to pierce the corporate veil so that individual landlord would be responsible for the overcharge. The court ruled for tenants...

Grandmother Can't Get Tenant's NYCHA Apartment

November 15, 2012    

NYCHA tenant's grandmother filed a remaining family member grievance after tenant moved out, which NYCHA denied after a hearing. The grandmother then filed an Article 78 appeal, claiming that NYCHA's decision...