NEW YORK LAW JOURNAL

Tenant Can Conduct Pretrial Questioning in Owner-Occupancy Case

June 25, 2018    

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for owner occupancy. The court granted tenant's request to conduct pre-trial questioning. Information sought concerning landlord...

Landlord's Nonpayment Case Dismissed Due to Defective Rent Demand

May 29, 2018    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the rent demand was defective and asked landlord to dismiss the case. The court ruled for tenant. Tenant had paid rent for April, May, and...

Acceptance of One HRA Payment After Lease Termination Didn't Waive Termination Notice

May 29, 2018    

Landlord sued to evict tenant for keeping a dog in violation of his lease. Tenant asked the court to dismiss the case because landlord accepted rent payment during the window period after his tenancy was terminated...

Court Grants Delay in Evicting Tenant Based on Hardship

May 28, 2018    

Landlord sued to evict tenant for chronic nonpayment of rent after commencing eight nonpayment proceedings against tenant within 30 months. In each case, tenant paid the back rent owed and didn't raise defenses....

Court Gives Schizophrenic Tenant Who Started Fires Chance to Cure Nuisance Behavior

May 28, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. At trial, landlord showed that tenant caused two apartment fires in three months. The first fire, in tenant's bathtub, created a smoke...

Court Vacates Settlement Agreement Tenants Signed Without Interpreter

May 28, 2018    

Landlord sued to evict rent-stabilized tenants for creating a nuisance. On the first court date, tenants and landlord signed a settlement agreement by which tenants agreed to move out. Tenants later asked the court...

One-Third of Building Tenants Sought Appointment of 7-a Administrator

May 28, 2018    

Building tenants sued to seek appointment of an Article 7-a administrator to manage the building. Landlord asked for disqualification of tenants' attorneys based on an unsanctioned interaction with landlords...

Tenant's Sister Can't Get NYCHA Apartment

May 28, 2018    

Tenant's sister filed an Article 78 court appeal of landlord NYCHA's decision that she didn't qualify for succession rights to tenant's apartment. The sister claimed that she moved in with tenant in...

Rent of Improperly Deregulated Apartment Frozen at Last Registered Rent

May 27, 2018    

Landlord sued to evict unregulated tenant. Tenant claimed that his apartment was improperly deregulated and that he was overcharged. The court ruled for tenant. Prior landlord last registered the apartment as rent...

Tenants Claim Landlord Schemed to Remove Latino Tenants and Inflate Rents

May 27, 2018    

Tenants sued landlord for housing discrimination based on race and national origin, claiming violations of the Fair Housing Act, NYC Human Rights Law, NYC Housing Code, and the Rent Stabilization Law. They claimed...

62-Year-Old Daughter Must Prove She Lived with Tenant for One Year Before Tenant Died

May 27, 2018    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was tenant's daughter and had lived in the apartment with tenant since 1970. Landlord sought pre-trial...

Landlord's Ineffective Bedbug Treatment Didn't Violate Tenants' Constitutional Rights

May 27, 2018    

Building tenants complained about bedbugs in 2008. By 2013, the building had a severe infestation. Landlord hired an exterminator to treat individual apartments. Tenants complained that the chemical treatment method...