NEW YORK LAW JOURNAL

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...

Tenant Claims There Are Six or More Apartments in Building

August 24, 2018    

Landlord sued to evict tenant from two-family dwelling. Landlord and tenant signed a settlement agreement in court, by which tenant agreed to move out. Tenant later obtained an attorney and asked the court to vacate...

One Third of Tenants Request Article 7A Administrator

August 24, 2018    

Tenant asked the court to appoint an Article 7A administrator to manage landlord's building. Landlord claimed that tenant didn't have the required participation of one third of building tenants to make this...

1989 Rent Reduction Order Froze Tenant's Monthly Rent at $278

August 22, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and pointed out that a 1989 DHCR rent reduction order was still in effect since a 1994 rent restoration application...

Tenant Gets 50 Percent Rent Abatement Based on HPD Violations

August 21, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed over $14,000 in back rent. Tenant claimed breach of the warranty of habitability. Tenant had started an HP proceeding...

Landlord Didn't Prove Tenant Removed Smoke Detectors or Caused Fire

August 21, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by repeatedly removing smoke detectors from her apartment and ultimately causing a fire at the building. Tenant testified at trial that she had...

Landlord Claimed Tenant Operated a Bakery in Apartment

August 21, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by renting rooms in her apartment on a short-term basis without landlord's consent and for illegal use of the apartment by operating a bakery...