NEW YORK LAW JOURNAL

Landlord's Chronic Nonpayment Claim Against Tenant Dismissed

September 25, 2018    

Landlord sued to evict rent-stabilized tenant for violating a substantial tenancy obligation through chronic nonpayment of rent. Landlord claimed that it had started seven nonpayment proceedings against tenant...

Landlord Sent Lease Termination Notice Too Early

September 25, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court denied landlord's request to conduct pretrial questioning, finding that landlord didn't demonstrate ample need. Landlord's...

Court Appoints 7-A Administrator to Manage Building

September 24, 2018    

HPD brought an "HP" proceeding against landlord, seeking correction of Housing Maintenance Code violations against landlord's building. Landlord agreed in court to correct 17 Class "C"...

Holdover Petition Served 13 Days Before Initial Court Date Was Defective

September 24, 2018    

Landlord sued to evict tenant. Landlord claimed that the building contained fewer than six apartments and therefore wasn't rent stabilized. Tenant agreed to move out but later asked the court to vacate the...

Tenant Who Abandoned Hotel-Stabilized Unit Can't Evict Long-Term Subtenant

September 24, 2018    

Tenant sued to evict subtenant from hotel-stabilized unit. The court ruled against tenant and dismissed the case. Subtenant had lived in the unit since 2004 and paid rent to tenant. Although a tenant can terminate a...

Landlord Must Produce Pre-Base Date Rent History Records

September 24, 2018    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and that the apartment had been improperly deregulated in 2014. Tenant asked the court for permission to conduct pretrial...

Nonprimary Residence Claim Against Tenant Dismissed for Insufficient Facts

September 24, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without trial. Tenant had lived in the apartment since 2000 and said she had had no other address....

Daughter Claiming Pass-on Rights Must Produce Relevant Social Media Posts

September 24, 2018    

Landlord sued to evict rent-stabilized tenant's daughter from apartment after tenant died. The daughter claimed succession rights. Landlord sought document production as part of pre-trial questioning, including...

Apartment Listed as Medical Office on C of O Was Rent Stabilized

September 24, 2018    

Landlord sued to evict apartment tenant, claiming that the unit wasn't rent regulated because it wasn't designed for residential use. Tenant claimed that he was rent stabilized. The court ruled for tenant and...

Condo Unit Owners Sue Each Other for Excessive Noise Claims

September 24, 2018    

Condominium unit owner sued upstairs neighbor, claiming that the neighbor made disturbing noises in violation of the condo bylaws. The upstairs neighbor counterclaimed, claiming that unit owner played and taught...

Landlord Rented Separated Rooms in Four-Family Dwelling

August 24, 2018    

Landlord sued to evict month-to-month tenant from a four-family residence. Tenant claimed that landlord's court petition improperly described the premises and that he was rent-stabilized because the building...

Court Permits Review of Pre-Base Date Rent History

August 24, 2018    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and rent fraud warranting review of the apartment's rent history going back more than four years. The court agreed and granted...