NEW YORK LAW JOURNAL

New Trial Needed to Decide Tenant's Overcharge Claim

August 23, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge, based on a 2002 DHCR rent reduction order that froze the apartment rent at $800 per month.

Court Dismisses Roommate's Illegal Lockout Claim Against Tenant

July 26, 2021    

Former roommate sued tenant and new apartment occupant, claiming that tenant illegally locked him out of a room he had rented in tenant's apartment. The court noted that the roommate, as a licensee, normally didn...

CEEFPA Hardship Declaration Stayed Eviction Case Against Former Super

July 26, 2021    

Landlord sued to evict former building super after terminating the super's employment. The super had never paid rent or use and occupancy while employed by the landlord. In response to the eviction petition, the...

Fire from Cigarette on Tenant's Fire Escape Didn't Create a Nuisance

July 26, 2021    

Landlord sued to evict tenant for creating a nuisance. Before starting the court case, landlord sent tenant a notice to cure stating that tenant violated her lease by installing a partition and using a washing...

Court Won't Issue Injunction to Force Co-op Tenant to Wear Mask in Lobby

July 26, 2021    

Cooperative shareholder tenant sued another building lessee and asked the court for an injunction forcing the lessee to wear a face mask within the building's common areas. The shareholder claimed that the lessee...

Conviction of Landlord Who Caused Building Explosion, Death, and Injury Upheld

July 26, 2021    

In 2015, two people were killed and 13 injured in the explosion of an unauthorized gas line rigged between two apartment buildings. The landlord and his general contractor were convicted in criminal court on multiple...

Punitive Damages Imposed on Landlord Who Shut Off Tenant's Water During Pandemic

July 26, 2021    

Tenant sued landlord in an HP proceeding, seeking correction of apartment violations and also claiming harassment by landlord. Tenant claimed that landlord caused, or intended to cause, her to move out by using or...

Court Finds No Fraudulent Scheme to Deregulate Apartment

July 26, 2021    

Tenant sued landlord in 2019, claiming rent overcharge, improper deregulation of his apartment, and a fraudulent scheme to deregulate his apartment. While all units in the building had been registered as either rent...

Landlord Penalized $5,000 for Harassing Tenant

July 26, 2021    

Tenant sued landlord, claiming harassment. Tenant had previously filed an HP action, seeking an order to correct a mold condition in her apartment. In the new case, tenant claimed that landlord shut off electricity...

Did Landlord's Window Contractor Cause Tenant's Injuries?

July 26, 2021    

Tenant complained to landlord that the bottom part of his window was difficult to open. Landlord hired a glass and awning installation company to fix the window. Tenant later sued landlord and the glass company,...

Document Production Needed to Determine Proper Legal Rent Calculations

July 26, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court to rule on that issue without trial or, alternatively, to order discovery. The court ruled for...

Eviction Warrant Vacated When HRA Paid Tenant's Back Rent

June 22, 2021    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled the case. Tenant agreed to a final judgment and to pay arrears to avoid eviction. Landlord later filed a DRP 213 motion for permission...