NEW YORK LAW JOURNAL

Licensee Remaining After Housing Program Participant Died Has No Succession Rights

April 26, 2024    

A not-for-profit organization that provided supportive housing to its program members was the rent-stabilized tenant of an apartment that it subleased to its licensee program member. When the program member died,...

Tenant Agreed to Vacate in Rabbinical Court Arbitration Proceeding

April 26, 2024    

Landlord sued to evict tenant. Previously, both sides had submitted to arbitration before a rabbinical court (Bet Din). That court ruled that tenant had to vacate the apartment by Feb. 23, 2023, one year from the...

Ejectment Action Dismissed for Incorrectly Claiming Apartment Wasn't Rent Stabilized

April 26, 2024    

Landlord sued to eject tenant from an apartment, and sought a declaratory judgment that the apartment wasn't rent stabilized. Tenant was a nonprofit organization that sublet units to provide supportive housing....

Rent-Stabilized Tenant's Life Partner Has Succession Rights to Apartment

April 26, 2024    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights as the life partner of the tenant. The court ruled for occupant after trial. Four witnesses testified...

Lease Silence on Subletting Prevents Landlord from Collecting Rent on Tenant's Sublet

April 26, 2024    

Tenant sued landlord in 2018, claiming that he was rent stabilized, that landlord falsely represented to him that his apartment was deregulated, that he had been overcharged, and that landlord engaged in an unlawful...

Landlord's Lease Nonrenewal Notice Was Fatally Defective

April 26, 2024    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant filed for ERAP rental assistance while the case was pending, and landlord asked the court to vacate the automatic ERAP stay of the...

Tenant Gets 100% Rent Abatement for 17-Month Period That Conditions Existed

April 26, 2024    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $18,000. Tenant responded with a number of defenses, including breach of the warranty of habitability. Tenant claimed that there...

421-a Building Tenant Never Received Lease Rider Notification of Status

April 26, 2024    

Landlord sued to evict tenant and claimed that the apartment was unregulated. Tenant argued that she was subject to rent stabilization and asked the court to dismiss the case without trial. The court ruled for tenant...

Landlord Had No Standing to Challenge Tenant's Right to Legal Services

March 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant obtained legal representation with Manhattan Legal Services through the Universal Access to Counsel program, which provided legal services to income-...

Landlord Can't Maintain Eviction Proceeding for Nonpayment Against Month-to-Month Tenant

March 26, 2024    

Landlord sued to evict unregulated tenant for nonpayment of rent. The court found that a nonpayment proceeding commenced under RPAPL Section 711(2) couldn't be maintained against a month-to-month tenant as...

Tenant Can Add Defense That Landlord's Filing of Affidavit of Service of Petition Was Untimely

March 26, 2024    

Landlord sued to evict tenant. Tenant filed an ERAP application before the first scheduled court date, which resulted in a stay of the proceeding until there was a final ruling on tenant's ERAP application....

Prospective Tenants' Housing Discrimination Claim Based on Familial Status Dismissed

March 26, 2024    

Prospective tenants sued HPD and related landlords in federal court, claiming that landlord discriminated against them in connection with two affordable housing applications, in violation of the Fair Housing Act, the...