NEW YORK LAW JOURNAL

Landlord Can't Sue to Evict For Owner Occupancy

February 25, 2019    

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for owner occupancy. Tenant asked the court to dismiss the case, claiming that landlord's nonrenewal or "Golub" notice was...

No Charitable Exemption Found for Rent-Stabilized Building

February 25, 2019    

Landlord sued to evict various building tenants, claiming that they were exempt from rent stabilization due to the building's charitable exemption. The cases were consolidated, and landlord failed to appear in...

Use Violation Barred Rent Collection from Rent-Stabilized Tenant

February 25, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in excess of $14,000. Tenant argued that the case should be dismissed under Multiple Dwelling Law (MDL) Section 202. A DOB inspector testified that...

Condo Unit Owner Gets Abatement for Terrace Closure

February 25, 2019    

Condominium unit owner sued landlord condo building owner to recover $4,755 for loss of the use of his unit's outdoor terrace. This resulted from landlord's renovation of the building exterior required by...

Tenant Altered Apartment for Karate School

February 25, 2019    

Landlord sued to evict residential tenant based on a breach of a substantial obligation of the tenancy. Landlord claimed that tenant made illegal alterations and used the apartment for a karate school. Landlord also...

Rent Overcharge Resulted from Improper Deregulation While Building Under J-51

February 25, 2019    

Tenant sued landlord, claiming that his apartment was improperly deregulated while the building received J-51 tax benefits. Tenant also claimed rent overcharge. The court ruled for tenant in part. Tenant's...

Housing Court Can't Declare Preferential Rent Invalid

January 28, 2019    

Landlord sued to evict building super, claiming that he lived in his apartment merely due to his employment. Landlord and the super signed a settlement agreement in court. The agreement stated that the super was a...

Landlord's Illegal Sublet Claim Dismissed

January 28, 2019    

Landlord sued to evict tenant for illegally subletting his apartment. Tenant claimed that landlord's notice to cure and termination notice were defective and that, therefore, the case should be dismissed. The...

Housing Court Can't Rule on Landlord's Claim for Additional Rent

January 28, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, and also sought $10,000 as "additional rent" for damage tenant caused to the apartment. Tenant claimed that landlord couldn't seek...

Trial Needed to Determine How Much Back Rent Guarantor Owed

January 28, 2019    

Landlord sued tenant's guarantor for payment of $19,258 in back rent owed by former tenant who was evicted for nonpayment. Landlord asked the court to rule in its favor without a trial. The guarantor claimed that...

Three-Family House Actually Contained Seven Dwelling Units

January 28, 2019    

Landlord sued to evict tenant, and claimed that tenant was unregulated since the building was a three-family dwelling. Tenant claimed that he was rent stabilized because the building contained seven dwelling units...

Landlord Must Refund Overcharge with Triple Damages

January 28, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant after landlord failed to present proof of claimed individual apartment improvements (IAIs) to the...