NEW YORK LAW JOURNAL

Tenant Can't Vacate Settlement Agreement

October 28, 2020    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement so-ordered by the court. They agreed to give landlord a final judgment of possession with execution on an...

Co-op Shareholder Can't Join Landlords' Challenge to HSTPA Amendment of ETPA

October 28, 2020    

A group of landlords and organizations in Westchester County sued New York State, claiming that HSTPA's amendments to the ETPA violated their constitutional rights. Another landlord, who was the co-op shareholder...

No Pre-Trial Questioning for Older Rent Records

October 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pre-trial questioning and request document production. Tenant claimed...

NYCHA Must Hold Hearing on Tenant's Request to Allow Roommate

October 28, 2020    

NYCHA placed a condition on long-term tenant's tenancy, to permanently exclude tenant's roommate from the apartment based on his criminal record. Tenant applied to NYCHA to remove the condition. NYCHA ruled...

Landlord Must Produce Rent History Records Back to 2002

October 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge due to a 10-year gap in DHCR annual apartment registrations between 2003 and 2014. Tenant also claimed that the...

Tenant Gets 55 Percent Rent Abatement After Some Repairs Done

October 28, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were ongoing repair issues in her apartment since 2016. NYCHA had suspended tenant's Section 8 benefits based on the apartment...

Landlord Waited Too Long to Object to Tenant's Second, Oversized Dog

October 28, 2020    

Landlord sued to evict tenant for violating the pet policy in tenant's lease. The lease permitted tenant to have one dog that was under 50 pounds. But tenant had added a second dog and that dog was over 50 pounds...

Building Contained Sixth, Illegal Apartment

October 28, 2020    

Landlord sued to evict unregulated tenant who had no lease. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. Landlord argued that the building contained only five apartments and...

1999 Rent Reduction Order Still in Effect

October 28, 2020    

Landlord sued to evict unregulated tenant after sending a 30-day termination notice. The court ruled for landlord after holding an inquest when tenant failed to appear in court. Tenant was evicted in October 2018 but...

Landlord Must Pay NYCHA Back $28,000 for Overpaid Rent Subsidy

September 27, 2020    

NYCHA sued landlord condominium unit owner for failing to reimburse $28,000 for overpayment of Section 8 subsidy payments. Landlord had rented his apartment to tenant while NYCHA made monthly Section 8 payments to...

Case Reopened to Permit Proof for Setting Base Rent Under Default Formula

September 27, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed improper deregulation of a rent-stabilized apartment and rent overcharge. The trial court ruled for tenant, finding that the base date rent was...

Eviction Stayed Based on Potential Succession Claim

September 27, 2020    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant then asked the court to vacate the default judgment. While this request was pending, tenant...