NEW YORK LAW JOURNAL

Loft Improvements Became Landlord's Property

November 16, 2012    

Loft tenant sued landlord, seeking restitution for improvements he made to eight lofts in landlord's building. Landlord, in turn, sought ejectment and recovery of the eight units. The court ruled for landlord....

Tenant Can't Get Attorney's Fees

November 16, 2012    

New York's highest court ruled that, in a rent overcharge proceeding, the DHCR could look back more than four years and freeze the tenant's rent at the level determined in a prior rent reduction order based...

Was Landlord Responsible for Robbery in Building?

November 16, 2012    

Tenant sued landlord for negligence after her apartment was robbed. She claimed that landlord had failed to fix a broken lock on the building's front door entrance despite notice. Landlord asked the court to...

Tenant's Granddaughter Can't Get NYCHA Apartment

November 16, 2012    

NYCHA tenant's granddaughter claimed succession rights to tenant's apartment after tenant died. NYCHA ruled against the granddaughter, who filed an Article 78 appeal. The court and appeals court ruled against...

Landlord Can't Exit J-51 Tax Benefit Program Retroactively

November 16, 2012    

Landlord sought to retroactively exit New York's J-51 tax benefit program by paying back all the tax benefits it received through the program. Landlord argued that both the city and landlord had misunderstood the...

Tenant's Son Can't Get NYCHA Apartment

November 16, 2012    

NYCHA denied the request by tenant's son for succession rights after tenant died in 2009. The son filled an Article 78 court appeal. The court and appeals court ruled against the son. Tenant's son didn't...

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...