NEW YORK LAW JOURNAL

No Prospective Rent Overcharge Found After Late Rent Registrations Filed

August 28, 2017    

Tenant sued landlord in May 2016, seeking a judgment that he was rent stabilized and that he'd been overcharged. Tenant claimed that landlord owed him $139,000 plus triple damages, interest, and attorney's...

Landlord Presented Insufficient Proof of Recurring Objectionable Conduct by Tenant

August 28, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant complained to HPD about building conditions without giving landlord any advance notice of any complaints. Landlord...

Landlord Can't Add DOB Fine for Short-Term Rentals to Cure Notice Requirement

August 28, 2017    

Landlord sued to evict rent-stabilized tenant for using the apartment for illegal transient use and operating an illegal hotel. Landlord didn't dispute that tenant had stopped the illegal short-term rentals...

Assisted Living Facility Seeking Resident's Eviction Can't Join Guarantor to Proceeding

August 28, 2017    

Nassau County facility operator sued to terminate residency and evict assisted living facility resident under Social Services Law (SSL) Section 461-h. The operator also sought $22,000 in overdue charges from resident...

Landlord Fined $1,500 for Harassing Apartment Occupant

August 28, 2017    

Landlord of low-income housing supervised by HPD sued to evict apartment occupant for nonpayment of rent. Occupant asked the court to dismiss the case and claimed harassment by landlord. The court ruled for occupant...

Court Vacates Settlement Agreement Tenant Signed After Suffering Epileptic Seizure

August 28, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court giving landlord a final judgment of possession. Tenant later asked the court to vacate...

Landlord Can Enforce Money Judgment Against Tenant After Selling Building

August 28, 2017    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which gave landlord a possessory and monetary judgment. Tenant later asked the court to vacate the...

Rent-Stabilized Tenant's Daughter Claims Succession Rights

August 28, 2017    

Landlord sued to evict rent-stabilized tenant's daughter as an occupant-licensee, claiming that tenant had moved to the Dominican Republic in 2014. The daughter claimed succession rights and said she had lived in...

Tenants Didn't Violate Settlement Regarding Occupancy by Taking in Foster Child

August 28, 2017    

Landlord sued to evict tenants for unauthorized subletting. Landlord and tenants signed a court-ordered settlement agreement that put tenants on probation for six years. Tenants agreed not to use the apartment for...

Rent-Stabilized Tenant's Granddaughter Gets Apartment

August 27, 2017    

Landlord sued to evict rent-stabilized tenant's granddaughter after tenant died, claiming that the granddaughter was a licensee who no longer had a right to remain in the apartment. The court ruled against...

Tenant's Assault Against Super Was Single Incident Insufficient to Prove Nuisance

August 27, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance, claiming that tenant threatened and struck the building super. As a result, the super filed a police report, was treated at a hospital, and...

Eviction Case Against Tenant for Illegal Trade Dismissed as Untimely

August 25, 2017    

Landlord sued to evict tenant for illegal trade due to tenant's arrest for trafficking in marijuana. Landlord also claimed that tenant violated a lease clause prohibiting unlawful purposes. The court granted...