NEW YORK LAW JOURNAL

Conditions Claimed by Tenant Didn't Breach Warranty of Habitability

June 24, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant in turn sought a rent abatement due to breach of the warranty of habitability. Tenant owed $33,000 in back rent and claimed that there was peeling paint,...

Landlord's Notices Didn't Comply with HUD Procedures

May 24, 2019    

Landlord sued to evict HUD-regulated tenant for nonpayment of rent, seeking arrears of over $9,200. Tenant claimed that landlord's petition was defective because landlord terminated tenant's rent subsidy...

Judgment for Landlord Vacated Where Occupant Showed Mental Illness After Trial

May 24, 2019    

Landlord sued to evict apartment occupant after rent-stabilized tenant was no longer in the unit. The trial court ruled for landlord. A bit later, occupant asked the court to vacate the judgment and reopen the case...

Appeals Court Affirms $102,000 Rent Overcharge Award to Tenant

May 24, 2019    

Landlord sued to evict rent-stabilized tenant, who claimed improper vacancy deregulation and rent overcharge. The court ruled for tenant and ordered landlord to refund $102,000 in overcharges. Landlord appealed and...

Occupant's Immigration Status Doesn't Bar Succession Rights Claim

May 24, 2019    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights as a nontraditional family member. Landlord argued that occupant's immigration status prevented him...

Landlord Didn't Serve Timely Lease Nonrenewal Notice

May 24, 2019    

Landlord sued to evict rent-stabilized tenant, claiming that it had sent tenant a lease nonrenewal notice, also known as a "Golub notice." Tenant asked the court to dismiss the case. Tenant said that there...

Renewal Lease Binding Even Though Landlord Sent Nonrenewal Notice

May 24, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord also sent a renewal lease offer to tenant during the relevant window period. The court ruled for tenant and...

Rent Demand Omitted Periods for Which Additional Rent Was Sought

May 24, 2019    

Landlord sued to evict Mitchell-Lama cooperative-shareholder tenant for nonpayment of rent. Landlord sought $6,181 for "rent, additional rent, miscellaneous charges and fees and costs." Tenant asked the...

No Overcharge Collected from Tenant of Improperly Deregulated Apartment

May 24, 2019    

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. Landlord asked the court to dismiss the case without trial. The court ruled for landlord. The building received J-51 tax benefits...

Landlord Proved Apartment Was Deregulated Before Tenant Moved In

April 25, 2019    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DHCR ruled against tenant, finding that his apartment had been vacancy deregulated. Tenant filed an Article 78 court...

Landlord Committed Public Nuisance by Renting Building for Short-Term Stays

April 25, 2019    

The city sued landlord to abate a public nuisance and asked for a preliminary injunction against landlord while the case was pending. The city claimed that landlord rented building apartments to tourists or other...

Rent-Stabilized Tenant's Son Gets Apartment

April 25, 2019    

Landlord sued to evict rent-stabilized tenant's disabled son after tenant died. The son claimed succession rights. The trial court ruled for landlord. Tenant's son appealed and won. The appeals court found...