NEW YORK LAW JOURNAL

Tenant Can Conduct Pretrial Questioning of Managing Agent about IAIs from 1994

January 25, 2021    

Tenant sued landlord for improper deregulation and rent overcharge. Tenant claimed that the building received J-51 tax benefits, so the apartment couldn't be deregulated under high-rent vacancy deregulation....

Tenant Can Conduct Discovery Concerning IAIs with Counterclaim

January 25, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's monthly rent was $2,367, and tenant owed over $17,000 in back rent. Tenant claimed rent overcharge and asked the court for permission...

Landlord Barred Disabled Tenant's Use of Motorized Scooter

December 21, 2020    

Tenant sued landlord for disability discrimination in violation of the federal Fair Housing Act. Tenants lived in a ground-floor unit in an apartment complex. Based on multiple disabilities, tenant used a motorized...

Landlord's Illegal Occupancy Claim Improperly Based on Unauthorized Partition

December 14, 2020    

Landlord sued to evict rent-stabilized tenant for illegal occupancy under Rent Stabilization Code Section 2524.3(c), based on an illegal partition that was put up subdividing the apartment's living room. Landlord...

Termination Notice Defective Based on Tenant's Lease Terms

December 14, 2020    

Landlord sued to evict tenant and other apartment occupants, claiming that tenant was month-to-month, after sending a 30-day termination notice. Tenant asked the court to dismiss the case, claiming that landlord'...

Landlord Didn't Prove Cost of IAIs Resulted in Deregulation

December 14, 2020    

Tenant sued landlord and prior landlord, claiming rent overcharge and improper deregulation of her apartment. The trial court ruled for tenant, finding that the proven cost of individual apartment improvements (IAIs...

Veterans' Organization Not Responsible for Attack on Client-Tenant by Co-Tenant

December 14, 2020    

Family members of a deceased tenant sued a community-based veterans' organization for negligence after the apartment co-tenant attacked tenant in the apartment. The tenant later died. Both tenants were clients of...

HDFC Didn't State Cause for Termination in Its Eviction Petition

December 14, 2020    

Landlord HDFC sued to evict tenant, who had only a verbal rental agreement. Tenant asked the court to dismiss the case because landlord hadn't stated any cause to terminate her tenancy in its court papers. The...

Occupant Didn't Have to Pay U&O While Case Pending

December 14, 2020    

Landlord sued to evict apartment occupant, claiming that he was a licensee who no longer had a right to remain in the apartment after tenant vacated. Occupant claimed succession rights and also opposed landlord's...

Rent-Impairing Violation Prevented Eviction for Nonpayment

November 23, 2020    

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed that there were rent-impairing violations. The court ruled for tenant, without a trial. Tenant showed that under Multiple Dwelling Law...

Eviction Case Involving Commercial Loft Belongs in Housing Court

November 23, 2020    

Landlord sued to evict a commercial loft tenant when tenant's lease expired. Tenant claimed that she had lived in the loft at all times during her tenancy with landlord's knowledge and consent. She said the...

Court Settlement Vacated for Tenant Who Needed Guardian

October 28, 2020    

Landlord sued to evict Section 8 tenant based on a substantial violation of tenant's lease obligations. Landlord claimed that tenant created a nuisance by maintaining "Collyer" conditions at the...