NEW YORK LAW JOURNAL

Neither Landlord Nor Tenants Get Attorney's Fees Where Claim Settled

August 25, 2017    

Tenants who claimed to be handicapped sued landlord for failing to provide a reasonable accommodation under the Fair Housing Act (FHA) during an elevator shutdown needed to make required repairs. Under a settlement...

Tenant Can Conduct Pretrial Questioning on Rent Overcharge Claim

July 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant later asked the court to vacate that agreement. Tenant, who wasn't...

Tenant Can Claim Rent Overcharge in Nonpayment Proceeding

July 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant was under a month-to-month agreement commencing Feb. 15, 2014, and landlord claimed that rent was $1,350 per month. Tenant claimed that the...

Landlord Claims Co-op Tenant Unlawfully Sublet Apartment

July 27, 2017    

Landlord cooperative corporation sued to evict shareholder tenant for subletting her apartment to her daughter without permission, in violation of the proprietary lease. Tenant claimed that the daughter lived in the...

Tenant Claims Landlord Didn't Properly Deliver Eviction Papers

July 27, 2017    

Landlord sued to evict Section 8 tenant for failing to recertify and to supply information on time about her 2016 family income. This violated tenant's low-income lease rider. Landlord and tenant signed a...

Landlord Doesn't Prove Tenant Didn't Provide Access

July 27, 2017    

Landlord sued to evict rent-stabilized tenant for failing to provide access to an exterminator on four dates in April 2016, and failing to cure this condition by July 15, 2016. Landlord claimed that tenant failed to...

Tenant Who Didn't Cure Nuisance Conditions Can Be Evicted

July 27, 2017    

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant created a "Collyer"-type condition with clutter and trash in the apartment. At the same time, tenant refused to comply...

Landlord Can't Seek Eviction for Subletting While Correcting Lead Paint Condition

July 27, 2017    

Landlord sued to evict tenant for unauthorized subletting. Tenant claimed that the subtenant was his roommate and that tenant had to move out with his child temporarily while landlord abated a lead paint condition in...

Court Excuses Default of Tenant with Medical Condition

July 27, 2017    

Landlord sued to evict rent-stabilized Section 8 tenant for breaching a substantial obligation of her lease. Landlord claimed that tenant failed to provide access to complete necessary repairs in her apartment. The...

Guardian Ad Litem Improperly Waived Tenant's Defenses to Eviction Action

July 26, 2017    

Landlord-sponsor, who owned cooperative apartment, sued to evict long-term 88-year-old Section 8 tenant, claiming financial/economic hardship and indicating the need to sell the apartment. The court referred tenant...

Condo Unit Owner Has No Reciprocal Right to Attorney's Fees

July 26, 2017    

Landlord condominium board sued to evict condo unit owner and obtained from the court a judgment of possession and a money judgment for $24,000. Condo owner appealed and won, so the case was dismissed along with the...

Tenant in Building Converted from Six to Four Apartments Was Rent Stabilized

July 24, 2017    

Landlord sued to evict tenant in four-family dwelling, claiming that tenant was unregulated. The court ruled for landlord based on a settlement agreement signed by tenant. Tenant later asked the court to vacate the...