NEW YORK LAW JOURNAL

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...

Housing Court Improperly Delayed Eviction

February 11, 2013    

Landlord NYCHA terminated tenant's lease following an agency hearing on the issues. Tenant appealed NYCHA's decision and lost. NYCHA then sued to evict tenant in housing court. The court ruled for tenant and...

Landlord Can't Collect Washing Machine Surcharge

February 8, 2013    

After the DHCR ruled that landlord wasn't entitled to collect a washing machine surcharge from rent-stabilized tenant, landlord filed an Article 78 court appeal claiming that the agency's decision was...

Nonprimary Resident Family Member Doesn't Have Succession Rights

December 11, 2012    

Tenant's family member claimed succession rights to Cadman Towers apartment after tenant died. HPD ruled against the family member, who filed an Article 78 appeal and lost. The family member was listed as an...

Landlord Can't Evict Section 8 Tenant

December 11, 2012    

Landlord sued to evict Section 8 tenant, claiming that tenant refused to pay rent for a portion of the premises that wasn't approved by a public housing agency. Tenant otherwise had paid her portion of monthly...

Tenant Doesn't Prove Accumulation of Snow in Slip-and-Fall Case

December 11, 2012    

Tenant sued NYCHA after she slipped and fell when she got out of a taxi and stepped onto a curb in front of landlord's building. Tenant claimed that NYCHA was negligent in failing to properly remove snow ...

Landlord Not Responsible for Tenant's Slip and Fall on Wet Stairs

November 16, 2012    

Tenant sued landlord for negligence, after slipping and falling on stairs in the building. The court granted landlord's request to dismiss the case withouta  trial. Tenant appealed and lost. Tenant's...