NEW YORK LAW JOURNAL

Court Upholds Tenant's Agreement to Temporarily Relocate During Construction

February 15, 2018    

Tenant sued landlord, claiming that tenant's temporary relocation agreement was void as it improperly waived tenancy benefits. Tenant claimed that she was forced out of her apartment for landlord to use as a...

Landlord's Notice to Cure Stated Sufficient Law and Facts

January 26, 2018    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. The court granted tenant's request to dismiss the case because landlord's predicate notice was defective. Landlord appealed and won....

Trial Must Decide Whether Hotel Unit Was Occupied by Permanent Tenant

January 26, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court to rule without a trial since tenant admitted he had moved out of the hotel-stabilized unit. The court ruled against...

Tenant Can't Vacate Prior Attorney's Consent to Judgment for Landlord

January 26, 2018    

Fannie Mae, as landlord, sued to evict tenant in a post-foreclosure eviction proceeding. Landlord and tenant, represented by an attorney, signed a settlement agreement. Tenant agreed to move out in three months, and...

Apartment Was Vacancy Deregulated in 2008

January 26, 2018    

Landlord sued to evict month-to-month tenant and claimed that the apartment was deregulated. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. The court ruled for landlord. Tenant...

Agreement to Waive Rent Stabilization Status Was Void

January 26, 2018    

Landlord sued to evict apartment occupant, who claimed that he had rent-stabilized succession rights. Landlord disagreed. Occupant's sister moved into the apartment as a rent-stabilized tenant in 1996. Her...

Landlord Can't Collect Rent Where Building Had No C of O

January 25, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay $14,000 in back rent, and an eviction warrant was stayed pending payment. Tenant...

Landlord's Termination Notice in Owner Occupancy Case Was Insufficient

January 25, 2018    

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was inadequate. The court ruled for tenant and dismissed...

Three-Family Dwelling Had Five Separate Tenant Accommodations in One Apartment

January 25, 2018    

Landlord sued to evict tenants of five rooms in a three-family multiple dwelling built before 1974. Tenants claimed that they were rent stabilized because there were six or more apartments in the building. Tenants...

Loft Unit Wasn't Deregulated

January 25, 2018    

Landlord sued to evict loft tenant, claimed that the unit was deregulated in 2008 when prior landlord purchased improvements belonging to previous tenant. The court denied tenant's request to dismiss the case....

Landlord Incorrectly Identified Tenant as Licensee

January 25, 2018    

Landlord sued to evict apartment occupant after sending a 10-day notice to quit and claimed she was a licensee. The occupant claimed that she was a month-to-month tenant and asked the court to dismiss the case. The...

Landlord Must Pay HPD Penalties for Failing to Correct Violations

January 25, 2018    

Tenant sued landlord in housing court, to obtain repairs and correction of violations. The court ordered landlord to correct many class B violations, including a leak and resulting water damage. Tenant later asked...