NEW YORK LAW JOURNAL

Landlord Can't Avoid $87,000 Fine for Tenant's Short-Term Rentals

March 24, 2020    

Landlord sued DOB, seeking removal of fines, penalties, and violations issued by DOB since December 2017 based on illegal short-term apartment rentals. Landlord had been fined a total of $87,000 since that time....

Tenant Must Restate Discrimination Claims After Eviction

March 24, 2020    

Tenant sued the YWCA, which received federal funding to provide supportive housing to tenant in landlord's building. After tenant was evicted, tenant claimed housing discrimination by the YWCA under the Fair...

Supported Housing Program Tenant Can Sue Landlord for Discrimination

March 24, 2020    

Landlord sued to evict tenant, a mentally and physically disabled resident of a housing facility in a state- and city-funded Supported Apartments Program, for nonpayment of rent. Tenant then sued landlord in federal...

Landlord Co-op Can Evict Shareholder Tenant for Objectionable Conduct

March 24, 2020    

Landlord, a cooperative housing corp., sued to evict shareholder tenant for objectionable conduct. After 20 years of nuisance behavior and repeated written notices, landlord's board of directors held a special...

Landlord Raised Section 8 Rent When Tenant Refused to Downsize

March 24, 2020    

Landlord of privately owned, project-based Section 8 building sued to evict tenant for nonpayment of rent. Landlord had terminated tenant's housing assistance and charged her market-rate rent due to tenant's...

Landlord Can't Evict Tenant Who Had Lease Under LINC Program

November 21, 2019    

Landlord of three-family dwelling sued to evict month-to-month tenant who received Living in Communities (LINC) program benefits. Landlord claimed that there was no effective lease. The court ruled against landlord...

Landlord Can't Retain Security Deposit When No Lease Actually Executed

November 21, 2019    

Prospective tenant who never took occupancy sued landlord for return of a $3,200 security deposit submitted with a lease application. A lease was never executed because the parties didn't agree on some of the...

Husband Maintained Apartment as Primary Residence Although Wife Lived in the Bronx

November 21, 2019    

Landlord sued to evict rent-stabilized tenants for nonprimary residence. The trial court ruled for tenants in part, and denied possession to landlord. Tenants were a married couple. The husband bought a house in the...

Predicate Notices Didn't State Grounds for Terminating Lease

September 25, 2019    

Landlord sued to evict tenant after notifying him of a deterioration of the property's plumbing and sewage pipes that could lead to hazardous living conditions. The court granted tenant's request to dismiss...

Landlord's Termination Notice Claiming Nonprimary Residence Was Defective

September 23, 2019    

Landlord sued to evict Mitchell-Lama co-op shareholder tenant for nonprimary residence and unlawful subletting without landlord's consent. Tenants asked the court to dismiss the case, claiming that landlord's...

Tenant Gets 20 Percent Rent Abatement for Rodent Infestation and Mold

September 23, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and a stale rent claim. The court found that the rent payment wasn't stale since the oldest rent due was...

Landlord Can Evict Tenant for Drugs, Guns, and Ammo Found in Apartment

September 23, 2019    

Landlord sued to evict rent-stabilized tenant based on illegal activity in the apartment. The court ruled for landlord. Tenant claimed no knowledge of other occupants' activities. But the apartment was used for...