NEW YORK LAW JOURNAL

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...

Landlord Started Eviction Case in Retaliation for Tenant's Refusal to Pay Added Fees

June 26, 2020    

Landlord sued to evict unregulated tenant, who claimed that landlord's action was retaliatory, in violation of Real Property Law Section 223-b.  The court ruled for tenant. An HRA program paid most of tenant...

Regina Decision Limits Documents Landlord Must Produce for Overcharge Claim

May 26, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed rent overcharge. Tenant asked the court for permission to conduct pretrial questioning with document production....

Court to Set Legal Rent of Stabilized Apartment That Was Exempt for 20 Years

May 26, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's rent was $1,500 per month. Tenant claimed rent overcharge. Before tenant moved into the apartment in 2016, the apartment had been...

Tenant Can Pursue Harassment Claim Against Landlord

May 25, 2020    

Tenant sued landlord, claiming harassment. Landlord asked the court to dismiss the case. He claimed that tenant no longer lived in the apartment and therefore had no standing to sue. Tenant denied that she had moved...