NEW YORK LAW JOURNAL

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...

Landlord Must Offer HUD Tenant Repayment Plan

May 25, 2020    

Landlord sued to evict HUD housing tenant for nonpayment of rent. Tenant asked the court to dismiss the case for lack of subject matter jurisdiction and failure to state a cause of action. The court found that tenant...

Landlord Didn't Send Tenant Notice to Cure

May 25, 2020    

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated, and continued to violate, a substantial obligation of her tenancy by permitting constant loud noises and music to come from her apartment...

Tenant Gets Discovery in Connection with Rent Overcharge Claim

May 25, 2020    

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed that he was rent stabilized and had been overcharged. He also asked the court for permission to conduct pretrial questioning. The court...

Tenant Claims Building Has Six Dwelling Units So Is Rent Stabilized

May 25, 2020    

Landlord sued to evict month-to-month unregulated tenant. Landlord said that the building was exempt from rent stabilization because it contained fewer than six dwelling units. Tenant argued that the building...

Landlord Must Restore Tenant He Illegally Locked Out

May 25, 2020    

Tenant sued landlord, claiming illegal lockout. Landlord claimed that tenant had voluntarily surrendered possession of the apartment. Tenant said that she was locked out on several occasions through December 2019 and...

Landlord Can't Collect Rent in Building Without Valid C of O

May 25, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord couldn't collect rent because the building didn't have a proper Certificate of Occupancy (C of O). The court ruled for tenant...

Former and New Landlords Didn't Repair Housing Code Violations

May 25, 2020    

Tenants sued landlord, seeking correction of Housing Code violations at their building. Landlord and tenants signed a settlement agreement in court. Landlord agreed to correct violations and pay civil and contempt...

Landlord Sued for Nonpayment of Rent Not Yet Agreed Upon

May 25, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Landlord sought unpaid rent at the monthly rate of $1,174 listed in tenant's 2019 lease. But tenant didn't...