NEW YORK LAW JOURNAL

Appeals Court Won't Delay Eviction Case While Parties' Other Case Is Pending

November 27, 2018    

(Decision submitted by Tony Subraj, Vice President of Zara Realty, for the landlord.)

Landlord's Notice to Cure Was Defective

November 27, 2018    

Landlord sued to evict rent-stabilized tenant for breaching his lease by overcrowding the apartment and for creating excessive noise. The court dismissed the case. Landlord's notice to cure didn't refer to...

NYCHA Tenant's Grandson Can't Get Apartment After Tenant Dies

November 27, 2018    

NYCHA tenant's grandson requested succession rights after tenant died in 2013. NYCHA ruled against the grandson, who filed an Article 78 court appeal. The court ruled against the grandson. Tenant had asked NYCHA...

Landlord's Nonpayment Case Dismissed Due to Inconsistent Leases and Rent Registration

November 27, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that the monthly rent was $1,915 under tenant's lease. But a different lease between landlord, tenant, and another co-tenant...

Landlord Didn't Offer Rent-Stabilized Tenant a Proper Renewal Lease

November 27, 2018    

Landlord sued to evict rent-stabilized tenant for failing to sign an offered renewal lease. Tenant asked the court to dismiss the case. He claimed that the renewal lease was improper because his rent was $1,200 per...

Landlord Locked Out Tenant After Illegal Subtenant Moved Out

November 25, 2018    

Landlord sued to evict tenant for illegally subletting her rent-stabilized apartment. The subtenant appeared in court and agreed to move out. The settlement agreement included a final judgment of possession in...

Court Revokes DHCR Decision Granting MCI Rent Hike

November 25, 2018    

The DRA denied landlord's application for MCI rent hikes based on an elevator upgrade. Landlord appealed, and the DHCR ruled for landlord. Tenant then filed an Article 78 court appeal, claiming that the DHCR'...

Federal Court Permits Landlord's Constitutional Challenge to "Airbnb Law" to Go Forward

October 29, 2018    

Landlord sued the city, claiming that New York Multiple Dwelling Law Section 121, enacted on Oct. 21, 2016, as well as NYC Admin. Code 27-287.1, referred to as the "Airbnb Law," were unconstitutionally...

Landlord's Notices and Court Papers in Illegal Sublet Case Were Defective

October 29, 2018    

Landlord sued to evict rent-stabilized tenant for breaching his lease by assigning and subletting the apartment without permission. Tenant asked the court to dismiss the case, claiming that landlord's notices...

Landlord Waived Attorney-Client Privilege

October 29, 2018    

A disabled tenant sought permission to keep an emotional support dog. Landlord requested certain medical information. HUD found that landlord constructively denied tenant's request for a reasonable accommodation...

Court Permits Nonprofit Tenant Organizations to Join Lawsuit Against NYCHA

October 29, 2018    

The federal government sued NYCHA, claiming pervasive violations of federal health and safety regulations, systemic indifference, and a culture of dysfunction and deceit. The complaint cited peeling lead paint, mold...

Tenant's Unrecorded Five-Year Lease Enforceable Against New Landlord

October 29, 2018    

Landlord sued to evict unregulated tenant, claiming that tenant didn't have a current lease. Tenant disagreed and claimed that prior landlord gave him a five-year lease that was still in effect. While Real...