NEW YORK LAW JOURNAL

No Contempt Finding for Landlord Who Repaired Prior Violations

May 27, 2018    

Owner of condo duplex unit sued landlord building owner in an HP proceeding, claiming contempt of court. He claimed that landlord failed to correct housing violations required by an earlier consent order in housing...

Court Quashes Landlord's Trial Subpoenas

April 26, 2018    

Landlord sued to evict tenant. The court granted tenant's request to quash subpoenas landlord sent to non-parties seeking records relevant to eviction issues. Landlord asked to reargue the request, seeking a...

Landlord Must Produce Pre-Base Date Records

April 26, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and fraud and sought pre-trial questioning and document production going back more than four years before tenant...

Landlord Sufficiently Described Apartment's Regulatory Status in Court Papers

April 26, 2018    

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out of the apartment. Occupant asked the court to dismiss the case, claiming that landlord's court petition was defective because...

Landlord Can't Sue Tenants for Rent Where Building Lacked C of O

April 26, 2018    

Landlord sued to evict two loft tenants in the same building for nonpayment of rent. The court dismissed the cases. The building was an interim multiple dwelling under a Loft Board Order. Multiple Dwelling Law...

Rent Discount Included Unenforceable Late Charge

April 26, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Under tenant's lease, the legal regulated rent was $2,999, but tenant was charged a monthly preferential rent of $1,956 if rent was paid by...

Court Won't Appoint Monitor for NYCHA Tenants Seeking Lead Paint Remediation

April 26, 2018    

Tenants, representing a proposed class of NYCHA tenants with young children, sued landlord NYCHA, claiming that NYCHA failed to conduct mandatory HUD inspections for lead paint since August 2012. Tenants sought an...

Submetered Electric Charges Improperly Included in Rent Demand

April 26, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case. He claimed that landlord's rent demand failed to set forth a good faith approximation of rent due...

Tenants Entitled to Costs from NYCHA for Overlapping Nonpayment Proceedings

April 26, 2018    

Landlord NYCHA sued to evict various tenants for nonpayment of rent. The court became aware that there were additional nonpayment proceedings commenced against each tenant seeking overlapping rent. The court notified...

Single Incident Not Sufficient to Show Course of Objectionable Conduct

April 25, 2018    

Landlord sued to evict tenant for creating a nuisance. Landlord's termination notice stated that landlord left a pot burning on her stove on Aug. 29, 2017, causing a smoke condition that was dangerous and...

Landlord Illegally Evicted Tenant While Tenant Was in Prison

April 25, 2018    

Tenant sued landlord for illegal lockout. He claimed that he lived in a basement room with landlord's cousin since 2016, went to jail in November 2017, and returned in February 2018. Landlord said that she didn...

Landlord's Proof of IAIs Doesn't Support High-Rent Vacancy Deregulation

April 25, 2018    

Landlord sued to evict month-to month tenant in 2016, claiming that he was unregulated. Tenant claimed that he was rent stabilized and that his apartment had been improperly deregulated. The court ruled for tenant...