NEW YORK LAW JOURNAL

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...

Notice to Cure Didn't State What Lease Provisions Were Violated

April 25, 2018    

Landlord sued to evict tenant for creating a public nuisance. Landlord claimed that tenant smoked cigarettes inside his apartment and permitted secondhand smoke to enter into neighboring apartments. Landlord claimed...

Tenant's Grandson Was First, Not Second, Successor Tenant

April 25, 2018    

Landlord sued to evict apartment occupant, claiming that occupant remained after rent-stabilized tenant died and was unauthorized to do so because he wouldn't sign a lease. Landlord claimed that occupant was a...

10 Illegally Rented Rooms in Two-Family House Are Rent Stabilized

April 25, 2018    

Landlord sued to evict tenant from two rooms in a two-family house, claiming that tenant was unregulated. Tenant claimed that he was rent stabilized. The court agreed and dismissed the case. Prior landlord created 10...

Nonpayment Case Delayed While DHCR Decides Tenant's Overcharge Claim

April 25, 2018    

Landlord sued to evict unregulated tenant for nonpayment of rent. A year before landlord sued tenant, tenant had filed a rent overcharge complaint with the DHCR, claiming that he was improperly deregulated. Tenant...

Users' Claim That Airbnb Acted as Unlicensed Real Estate Broker Must Go to Arbitration

March 26, 2018    

Two individuals who registered accounts with Airbnb to list apartments for rentals sued Airbnb in federal court, claiming that Airbnb violated Real Property Law Section 440, and General Business Law Section 349 by...

NYCHA Affidavits of Service of Rent Demands Contained False Statements

March 26, 2018    

Landlord NYCHA sued six tenants for nonpayment of rent and later sought default judgments from the court when tenants failed to respond. The court clerk found irregularities in the delivery of rent demands to these...