NEW YORK LAW JOURNAL

Did Lack of Staircase Handrail Cause Tenant's Injuries?

February 18, 2022    

Tenant sued landlord for negligence after she fell down an exterior staircase of her apartment building. Tenant claimed that she fell because the staircase was dark, there was no handrail, and there was garbage on...

Building That Previously Had Six Apartments Was Rent Stabilized

February 18, 2022    

Landlord sued to evict a month-to-month tenant and claimed that tenant was unregulated because the building contained fewer than six apartments. Landlord had bought the building in bankruptcy in 2015, and it...

Apartment Access Not Needed to Abate Discolored Water Flowing from Bathtub

February 18, 2022    

Tenant brought an HP action against landlord, seeking a court order to correct violations. Access dates were selected in court so that landlord could correct a violation issued to abate a nuisance caused by...

No Attorney's Fees Awarded to Tenant After Landlord Discontinued Case

February 18, 2022    

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for his son's use under the Rent Stabilization Law's owner occupancy provisions. Tenant later asked the court to dismiss the...

High-Rent Vacancy Deregulation Was Proper Based on IAI Rent Increase

February 18, 2022    

Landlord sued to evict tenant for nonpayment of rent in 2019 and claimed that tenant's apartment was unregulated. Tenant argued that the deregulation was improper and asked the court to dismiss the case. The...

Possible Illegal Units Don't Require Dismissal of Tenants' Action for 7-A Administrator

February 14, 2022    

Tenants sought appointment of a court-appointed 7-A administrator for a building containing 22 apartments, although the building's Certificate of Occupancy listed only 16 units. HPD asked the court to dismiss the...

Court Awards Tenant Damages and HPD Fines for Landlord's Harassment

January 26, 2022    

Tenants sued landlord in an HP proceeding, claiming harassment and seeking an order to correct repairs. Tenants claimed that landlord withheld essential services. The court ruled for tenants, in part, noting that...

Court Appoints 7A Administrator Despite New Landlord's Objection

January 26, 2022    

Tenants asked the housing court to appoint an Article 7A Administrator for their building, after settling an HP proceeding with prior landlord and HPD. The settlement included prior landlord's consent to the...

Landlord's Petition Didn't Give Tenant Notice of Regulations

January 26, 2022    

Landlord sued to evict tenant for nonpayment of rent. Landlord stated in its court petition that tenant wasn't subject to rent control or rent stabilization because the premises was operated by a nonprofit...

Tenant Primarily Resided in Washington, D.C.

January 26, 2022    

Landlord sued to evict rent-regulated tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Building employees credibly testified that tenant didn't use his apartment as...

Occupant Gets Stay of Eviction Case Based on CEEFPA and ERAP

January 25, 2022    

Landlord sued to evict apartment occupants after rent-stabilized tenant died. Landlord claimed that occupants were licensees who had no right to remain. The occupants submitted hardship declarations. Landlord claimed...

Is Occupant Entitled to Stay Based on Hardship Declaration?

January 25, 2022    

Landlord sued to evict occupant from a cottage on his property. The occupant had filed a hardship application claiming financial and medical hardship. Landlord asked for a hearing on whether the occupant qualified...