NEW YORK LAW JOURNAL

Tenant Who Shows Rent Overcharge Can Vacate Settlement Agreement

July 25, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. After initially signing a settlement agreement in court, tenant later obtained an attorney and asked the court to vacate the agreement, allow her...

Landlord Didn't Deliver Copy of Court Petition to NYCHA

July 25, 2018    

Landlord sued to evict NYCHA tenant for material noncompliance with his lease by failing to provide apartment access on two dates for repairs. Tenant asked the court to dismiss the case, claiming that landlord's...

Landlord Doesn't Prove Apartment Was Properly Vacancy Deregulated

July 25, 2018    

Landlord sued to evict tenant, claiming that the apartment was exempt from rent stabilization due to high-rent vacancy deregulation in 2009. Tenant claimed that he was rent stabilized and asked the court to dismiss...

Landlord Harassed Tenant Through Baseless Eviction Proceedings

June 25, 2018    

Landlord sued to evict rent-stabilized tenant for refusing to sign a renewal lease. Tenant claimed that landlord was harassing her. Tenant claimed that she had signed a renewal lease before landlord started the case...

Smoking in Tenant's Apartment Wasn't Prohibited by Lease and Didn't Constitute Nuisance

June 25, 2018    

Landlord sued to evict rent-stabilized tenant for creating or permitting a nuisance due to excessive cigarette smoke that flowed into next-door tenant's apartment through gaps in the baseboards, floors, and the...

Rent-Stabilized Tenant's Son-in-Law Gets Apartment

June 25, 2018    

Landlord sued to evict rent-stabilized tenant's son-in-law after tenant died. The son-in-law claimed succession rights. The trial court ruled for the son-in-law. Tenant's son-in-law and granddaughter, along...

Rent Overcharge of $120,000 Resulted from Landlord's Fraud

June 25, 2018    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had fraudulently set tenant's vacancy rent in 2008, based on a prior fictitious legal rent. The court ruled for tenant, found...

Landlord Continued to Accept Preferential Rent Payments

June 25, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant had no current renewal lease and claimed that she had paid a preferential rent. Landlord was claiming that a higher legal rent was due and...

Tenant's Granddaughter Gets Rent-Controlled Apartment

June 25, 2018    

Landlord sued to evict rent-controlled tenant's granddaughter after tenant died. The granddaughter claimed succession rights. The court ruled for the granddaughter after trial and dismissed the case. Testimony by...

Landlord Responsible for Tenant's Injuries After Kitchen Cabinet Fell

June 25, 2018    

Tenant sued landlord for negligence after she opened a kitchen cabinet door and the cabinet suddenly fell on her from the wall. The court ruled for tenant without a trial. Tenant showed that the cabinet fell due to...

Mitchell-Lama Tenants Seek Annulment of Rent Increases Ordered by HPD

June 25, 2018    

Mitchell-Lama tenants sued HPD after HPD authorized a 221 percent per room, per month rent increase and 2.5 percent increases for the following two years. Tenants claimed that HPD's decision didn't have a...

Landlord Didn't Send NYCHA Copy of Eviction Petition

June 25, 2018    

Landlord sued to evict tenant. Tenant asked the court to dismiss the case. Tenant received a Section 8 voucher from NYCHA and landlord failed to comply with the Williams consent decree or properly state tenant's...