NEW YORK LAW JOURNAL

Suspension of Tenant's Subsidy Due to Apartment Conditions Wasn't Grounds for Eviction

November 29, 2017    

Landlord sued to evict rent-stabilized, voucher-based Section 8 tenant for violating her lease. Landlord claimed that tenant caused apartment conditions that resulted in violations and termination of her Section 8...

No Proof Roommate Was in Family-Type Relationship with Tenant

November 27, 2017    

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he had lived with tenant for 43 years in a nontraditional, spousal, family relationship, and therefore had succession...

Condo Tenant Illegally Locked Out Is Restored to Possession

September 28, 2017    

Condominium tenant sued landlord, seeking restoration to possession and claiming illegal lockout. Tenant left the apartment one morning, later came back, and found the locks changed and other people occupying the...

Landlord Didn't Properly Describe Building's Regulatory Status

September 28, 2017    

Landlord sued to evict apartment occupant, who claimed succession rights. Landlord then asked the court to strike that defense, claiming that occupant failed to meet the income qualifications in the regulatory...

Landlord Refused to Give Tenant Form to Get Rental Assistance

September 28, 2017    

Prior landlord sued to evict tenant for nonpayment of rent and signed a settlement agreement in court. The eviction warrant agreed to was stayed pending payment, upon which landlord would give tenant a lease. New...

Landlord Can Sue Broker for Failing to Reveal Tenant's Criminal Record

September 28, 2017    

Landlord sued real estate broker who had rented landlord's Southampton property to tenant, after tenant never paid rent and landlord had tenant evicted. Landlord claimed that the broker had assured him that it...

Landlord Who Harassed Tenant Fined $5,000

September 28, 2017    

Landlord sued to evict month-to-month tenant. Tenant claimed retaliatory eviction and harassment. The court ruled for tenant and dismissed the case. Tenant had complained of a lack of heat and essential services and...

Landlord Must Refund Overcharge Based on 1987 Rent Reduction Orders

September 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge based on two 1987 DHCR rent reduction orders that were still in effect. Landlord argued that it had bought the...

Tenant's Son and Granddaughter Get HUD-Subsidized Apartment

September 27, 2017    

Landlord sued to evict tenant's son and granddaughter from HUD-subsidized housing after tenant died. They claimed succession rights to the apartment. The court ruled for the family members and dismissed the case...

Landlord Showed No Good Faith Attempt to Determine If Tenant Tried to Cure

September 27, 2017    

Landlord sued to evict tenant for keeping a dog in violation of her lease and for illegally subletting the apartment. Tenant claimed that landlord waived any right to evict her for having the dog. Tenant also claimed...

Landlord Doesn't Prove Tenant Lived in Another Neighborhood Building

September 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord and dismissed the case. Landlord presented no documentary proof that tenant lived at another address....

Pre-War Building with Sixth Illegal Apartment Was Rent Stabilized

September 27, 2017    

Landlord sued to evict month-to-month tenants, claiming that the building was unregulated. Tenants claimed that the building was rent stabilized and asked the court to dismiss the cases. The court ruled for tenants,...