NEW YORK LAW JOURNAL

Landlord Illegally Locked Tenant Out of Room in House

March 26, 2021    

Tenant sued landlord, claiming illegal lockout from a room in landlord's house. He claimed that he had lived there for 14 years, first in one smaller room, then in a larger room, and later returned to the smaller...

Landlord Didn't Prove Nonprimary Residence of Rent-Controlled Tenant

March 26, 2021    

Landlord sued to evict 81-year-old rent-controlled tenant for nonprimary residence. Landlord claimed that it hadn't seen tenant at the apartment for several years. But landlord presented little proof and landlord...

Landlord Must Correct HPD Violations and Remediate Mold

March 26, 2021    

Tenant sued landlord, seeking correction of violations in her apartment. The trial court ruled for tenant. HPD inspection found roach and mice infestation, as well as other violations. Tenant testified that landlord...

Improperly Deregulated Tenant in J-51 Building Can Raise Rent Fraud Claim

March 26, 2021    

Tenant in a rent-stabilized building that received J-51 tax benefits until 2013 sued landlord, claiming rent overcharge and improper deregulation. Landlord gave tenant an unregulated lease when tenant moved into the...

Tenants' Claim of Financial Hardship, Health Risks Delays Landlord's Recovery of Unit

March 26, 2021    

Landlord obtained a building at a public auction, then sought a writ of assistance to remove tenants of one apartment. Tenants argued that the sale was made "subject to any rights of tenants or persons in...

Occupants Lose Succession Claim Where Tenant Left Years Ago

March 26, 2021    

Landlord sued to evict rent-stabilized tenant and apartment occupants after discovering that tenant had moved out of the apartment. At some point the apartment occupants asked the court for permission to amend their...

On-Time Rent Concession Resulted in Reduction of Legal Regulated Rent

February 24, 2021    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, imposed triple damages, and reduced the legal rent. Landlord filed an Article 78 court appeal, claiming that the DHCR's decision...

Was Landlord Responsible for Tenant's Slip and Fall in Driveway?

February 24, 2021    

Tenant sued landlord for damages after he slipped and fell on ice in the driveway of landlord's house. The court denied landlord's request to dismiss the case without trial following pretrial questioning and...

Was Landlord Responsible for Targeted Attack That Killed Tenant?

February 24, 2021    

Tenant's son sued landlord NYCHA for negligence after tenant was killed in the building. Tenant and her sons had moved from a rented house to a NYCHA apartment to get away from tenant's abusive fiance. The...

Court Denies Tenant Attorney's Fees After Landlord Discontinues Case

February 24, 2021    

Landlord sued to evict tenant but asked the court for a discontinuance of the proceeding after pretrial discovery raised questions about the nature of tenant's occupancy. The court agreed and denied tenant's...

Landlord's Notice to Cure Subsidy Termination Was Fatally Defective

February 24, 2021    

Landlord sued to evict rent-stabilized tenant based on tenant's loss of her Section 8 housing voucher due to her failure to recertify. Landlord claimed that tenant's failure to recertify for the Section 8...

Court Orders Landlord to Correct DOB and ECB Elevator Violations

February 24, 2021    

Tenants sued landlord, seeking correction of elevator conditions at the building. The court ruled for tenants. Violation status reports showed three open ECB violations placed by DOB. Two of these were non-hazardous...