NEW YORK LAW JOURNAL

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...

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...