NEW YORK LAW JOURNAL

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...

Tenant's Use and Occupancy Payments Limited by HSTPA

February 24, 2021    

Landlord sued to evict tenant, based on claimed illegal conversion of the apartment by tenant's installation of partitions and creating added rooms in the unit. Landlord asked the court to direct tenant to pay...

Hearing Needed on Tenant's Safe Harbor Act Defense

February 24, 2021    

Landlord sued to evict tenant for nonpayment of rent in 2018. Landlord and tenant signed a settlement agreement that gave landlord a money judgment for $8,301 in back rent. An eviction warrant was issued, and the...

Court Must Delay Eviction Under COVID Emergency Law

February 24, 2021    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, issued an eviction warrant, but delayed execution on the warrant until Jan. 1, 2021, based on the 2020 Tenant Safe Harbor Act...

Landlord's Predicate Notices in Illegal Sublet Case Were Fatally Defective

January 25, 2021    

Landlord sued to evict rent-stabilized tenant for violating substantial obligations of his tenancy. Landlord claimed that tenant illegally sublet his apartment. Tenant asked the court to dismiss the case. He claimed...

Landlord's Contract with FDNY Didn't Require Unconstitutional Behavior

January 25, 2021    

Rent-stabilized tenants, who were black and the sole remaining occupants of landlord's 23-unit apartment building, sued landlord and the FDNY, claiming a hostile housing environment in violation of the Fair...

Landlord Can't Maintain Summary Nonpayment Proceeding Against Tenant's Son

January 25, 2021    

Landlord sued to evict rent-stabilized tenant and occupant "John Doe" based on tenant's nonpayment of rent. Tenant's son appeared in court, admitting that he was John Doe, that tenant died in...

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...