NEW YORK LAW JOURNAL

Use and Occupancy Denied Due to Outstanding Class "C" Violation

September 27, 2020    

Landlord sued to evict tenant for creating a nuisance by flooding his apartment as well as a downstairs neighbor's apartment. While the case was pending, landlord asked the court to award use and occupancy based...

Landlord Must Correct Continuous Lack of Hot Water

September 27, 2020    

Building tenants brought an HP proceeding against landlord, claiming consistent lack of hot water with worsening conditions. Given the current COVID-19 pandemic, the court limited the matter to conditions alleged to...

Landlord Didn't Prove Tenants Ran Illegal Hotel Through Airbnb Sublets

July 27, 2020    

Landlord sued four tenants, claiming that their illegal rental of their apartments through Airbnb caused landlord to receive DOB violation notices. One tenant failed to respond and landlord asked the court for a...

Landlord Illegally Locked Out Apartment Occupant After Tenant Died

July 27, 2020    

Apartment occupant sued landlord for illegal lockout. Occupant moved into the apartment that tenant lived in during February 2020 and obtained a key fob to the building from landlord. Tenant died of COVID-19 in March...

Landlord Must Restore Occupant Who Was Illegally Locked Out

July 27, 2020    

Occupant sued landlord for illegal lockout from an apartment that she and her brother occupied. The court ruled for occupant after landlord failed to appear in court. After the police removed occupant and her brother...

NYCHA Illegally Locked Out Tenant's Grandson After Tenant Died

July 27, 2020    

Tenant's grandson sued landlord NYCHA, claiming illegal lockout from his apartment. NYCHA claimed that the apartment was abandoned and that the grandson was an unauthorized occupant who hadn't lived in the...

Landlord Didn't Give Former Tenant Itemized Statement of Damages

June 26, 2020    

Landlord sued former tenant for unpaid rent and property damages totalling $5,000 after tenant moved out. Tenant claimed that the apartment developed mold and other conditions shortly after she moved in. When she...

Eviction Case Against Shareholder Tenant Was Brought in Bad Faith

June 26, 2020    

Landlord co-op board sued to evict shareholder tenant's proprietary lease after finding that tenant created a nuisance or objectionable conduct by using the apartment for short-term sublet rentals. The court...

On-Time Preferential Rent Provision in Lease Was Illegal

June 26, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $15,500. Landlord noted that tenant was charged a preferential rent provided that rent was paid on time. Tenant argued that...

Rent Overcharge Calculations in 421-g Case Must Follow Rule Set by Regina

June 26, 2020    

Building tenants sued landlord and claimed that, since the building received tax benefits under RPTL Section 421-g, they were subject to rent stabilization and had been overcharged. Issues raised in the case went to...

Disabled Tenant Given Probationary Stay as Reasonable Accommodation

June 26, 2020    

Landlord sued to evict rent-stabilized tenant for using, or permitting the use of, her apartment for illegal activity. Landlord claimed that drugs were sold from the apartment. Tenant claimed that she didn't know...

Tenants Seeking Rent Stabilization Status Can Proceed with Class Action

June 26, 2020    

Tenants brought a proposed class action lawsuit against landlord, claiming that they were improperly deregulated. Landlord claimed that a class action would be improper. The court ruled against landlord, and found...