NEW YORK LAW JOURNAL

Pre-Trial Questioning Needed to Determine If Apartment Was Fraudulently Deregulated

November 27, 2018    

Landlord sued to evict tenant for nonpayment of rent. In its court papers, landlord stated that tenant was rent stabilized. But in a subsequent stipulation landlord indicated that the apartment was high-rent...

Landlord Who Reduced Initial Rent Set by HPD Reduced Legal Regulated Rent

November 27, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. At some point, tenant claimed rent overcharge and argued that her monthly $1,500 rent was the legal rent, not a preferential rent. Tenant asked...

Housing Court Can't Rule on Occupants' Claim That New Landlord Was Part of Mortgage Fraud Scheme

November 27, 2018    

Landlord sued to evict three building occupants in separate housing court proceedings that were consolidated before the court. Landlord claimed that it bought the building from prior owner and that occupants'...

Landlord Sufficiently Set Forth Illegal Sublet Claim in Notices to Tenant

November 27, 2018    

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment without landlord's permission. Landlord claimed that other named individuals were seen coming and going from the apartment,...

Tenant Gets Attorney's Fees After Landlord Abandons Eviction Case

November 27, 2018    

Landlord sued to evict tenant for creating a nuisance. During a traverse hearing, landlord and tenant agreed to discontinue the case, leaving tenant's request for attorney's fees to be decided by the court....

HPD Issued Certificate of Eviction Against Mentally Disabled Tenant Without Proper Hearing

November 27, 2018    

Landlord asked HPD for a certificate of eviction against tenant. HPD scheduled a hearing, and tenant failed to appear twice. So HPD held the hearing without her and granted landlord the certificate of eviction....

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...