NEW YORK LAW JOURNAL

Granddaughter Gets Tenant's Apartment

February 16, 2018    

Landlord sued to evict tenant's granddaughter after tenant died. The granddaughter claimed succession rights. Landlord argued that the granddaughter wasn't listed on tenant's annual family composition...

Landlord Can't Use the Same "Golub" Notice for Second Eviction Case

February 16, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The case was dismissed after a traverse hearing where landlord didn't prove proper service. Landlord then started another eviction...

Landlord Didn't Show Any Section 8 Subsidy Fraud by Tenant

February 16, 2018    

Landlord sued to evict rent-stabilized tenant for breach of a substantial obligation of her tenancy. Landlord claimed that tenant failed to maintain her Section 8 subsidy due to fraud. Tenant argued that her subsidy...

Tenant Getting Enhanced Voucher Assistance Entitled to Renewal Lease

February 16, 2018    

Landlord sued to evict tenant after tenant's lease expired. Tenant claimed that she received enhanced voucher assistance through the Section 8 program and therefore was protected from eviction without cause. The...

Daughter Gets Rent-Stabilized Apartment

February 16, 2018    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The daughter claimed succession rights. The trial court ruled for the daughter. She presented testimony that she had lived in the...

Tenant Can't Raise Untimely Rent Overcharge Claim

February 15, 2018    

Landlord sued to evict rent-stabilized tenant for failing to sign a renewal lease. Landlord and tenant signed a settlement agreement in court. Eviction was delayed to allow tenant to pay back rent owed. Tenant later...

Tenant with No Gas Service Gets Rent Abatement of $20 per Day

February 15, 2018    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she withheld rent due to needed repairs and said that the apartment had no gas service for over nine months. The court ruled for tenant,...

Bad Credit History Wasn't Pretext for Discrimination Against Applicant

February 15, 2018    

Prospective tenant sued landlord, claiming discrimination when landlord rejected her rental application. Landlord claimed that it denied the application due to negative credit history, verified by a TransUnion credit...

Landlord Can't Seek Back Rent from Successor Tenant

February 15, 2018    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. Tenant's father was the prior tenant, who died in September 2016. HPD granted the son's...

Did Landlord Send Tenant Timely Notice of Lease Violation?

February 15, 2018    

Landlord sued to evict tenant for keeping a pitbull dog in his apartment, in violation of tenant's lease. Landlord also claimed that tenant created a nuisance by letting the dog roam the halls unattended where it...

Tenant Refuses to Sign Renewal Lease Containing Improper Conditions

February 15, 2018    

Landlord sued to evict rent-stabilized tenant, claiming that tenant failed to sign a renewal lease before tenant's current lease ended. Tenant argued that the renewal lease offered was unlawful. The court ruled...

Tenant in Occupancy During Substantial Rehab Remained Rent Stabilized

February 15, 2018    

Landlord sued to evict unregulated tenant. Landlord claimed that the building was substantially rehabilitated and a new certificate of occupancy was issued in 1974. Tenant claimed that the building was built before...