NEW YORK LAW JOURNAL

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...

Landlord Improperly Sought Eviction of Section 8 Tenant

November 29, 2017    

Landlord sued to evict rent-stabilized tenant for violating a substantial obligation of his tenancy. Landlord claimed that tenant failed to maintain his Section 8 voucher after uncorrected hazardous conditions in...

Landlord Can't Sue to Evict Super's Roommate Without Also Adding Super to Case

November 29, 2017    

Landlord sued to evict a licensee occupant, who lived in one bedroom of the building super's basement apartment. The occupant had lived there over 10 years in a room that the super rented to him. The occupant...

Tenant Can Conduct Pretrial Questioning on Rent Overcharge and Fraud Claims

November 29, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and fraud by landlord, and asked the court for permission to conduct pretrial question and document requests....

Landlord Didn't Disclose Tenant's Mental Health Status

November 29, 2017    

Landlord sued to evict tenant for creating a nuisance by a continuing course of objectionable conduct. On the first court date, landlord and tenant signed a settlement agreement putting tenant on probation for a year...

No Illusory Tenancy Created in Loft Unit

November 29, 2017    

Landlord sued to evict loft tenant and occupant based on tenant's nonprimary residence. The occupant claimed that there was an illusory tenancy between landlord and tenant and that she should be deemed a tenant....

No Landlord-Tenant Relationship Between Sisters

November 29, 2017    

A woman sued to evict her sister, claiming the sister was a licensee and no longer had permission to remain in the apartment. The court dismissed the case, and the woman sought to reinstate it. The woman pointed out...