NEW YORK LAW JOURNAL

Court Applies Amended Law Retroactively, Finds Apartment Was Improperly Deregulated

January 25, 2018    

Landlord sued to evict unregulated tenant after tenant's lease expired on May 31, 2017. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. The court ruled for tenant. Tenant moved...

No Proof Marshal Stole Tenant's Property During Eviction

December 20, 2017    

Former tenant was evicted after landlord obtained a judgment of possession and eviction warrant in housing court. Former tenant later sued a New York City marshal, claiming that the marshal stole some of his personal...

Did Inadequate Lighting Cause Tenant's Fall on Staircase?

December 20, 2017    

Tenant's son sued landlord for negligence. Tenant was hurt after falling in the building stairway in 2009. Tenant died in 2011. Tenant's son claimed that tenant's fall was caused by inadequate stairway...

Lease Nonrenewal Notice Improper Because Term of Lease Wasn't Clear

December 20, 2017    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court dismissed the case. Landlord was required to send tenant a notice of intent not to renew tenant's lease between 90 and 150 days...

Building with Two Illegal Apartments Was Rent Stabilized

December 20, 2017    

Landlord sued to evict unregulated tenant from a three- to five-family home. Tenant claimed that he was rent stabilized and asked the court to dismiss the case because the building actually contained six apartments....

Co-op Board Can Evict Shareholder Tenant for Creating Excessive Noise

December 20, 2017    

Landlord sued to evict co-op tenant shareholder for failing to cure proprietary lease violations by making or allowing disturbing or unreasonable noises in the building that interfered with the rights and comfort of...

Tenants' Claims Against Landlords Didn't Qualify for Class Action

December 20, 2017    

Tenants sued landlords and asked the court to designate the case as a class action. Tenants claimed rent overcharge and that landlords illegally or fraudulently engaged in a scheme to inflate rents in over 20...

Court Won't Discontinue Nonpayment Case

December 20, 2017    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $1,000 through April 2016. The court ruled for landlord based on tenant's failure to respond. Tenant later asked the court to...

Landlord Must Pay HPD Over $30,000 for Failing to Repair Conditions

December 19, 2017    

Tenant sued landlord, seeking removal of housing violations. The court issued an interim order directing landlord to correct class B violations. Tenant later asked the court to hold landlord in contempt for failing...

DHCR Incorrectly Ruled Collusion with Landlord Required to Find Illusory Tenancy

December 19, 2017    

Subtenant complained to the DHCR of rent overcharge and illusory tenancy. She moved into the apartment in 2006 and signed a lease with someone she thought was the building owner. But that person turned out to be the...

Tenant in House Illegally Converted to More Than Six Units Is Rent Stabilized

December 19, 2017    

Landlord of two-family house sued to evict unregulated month-to-month tenant. The court ruled for landlord upon inquest after tenant failed to appear in court. Tenant later asked the court to reopen the case and...

Tenant Who Claims Fraud Can Get Pre-Base Date Document Production

November 29, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that her apartment had been improperly deregulated from rent stabilization and that landlord was overcharging her. The court granted tenant's...