NEW YORK LAW JOURNAL

Rent Abatement Started When HPD Inspection Report Confirmed Conditions

June 27, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant in part, giving him some rent abatement. Tenant appealed and lost. Tenant...

NYCHA Can't Deny Tenant Subsidy Without Confirming Her Immigrant Status

June 27, 2017    

Landlord NYCHA sued to evict tenant for nonpayment of rent. Tenant claimed that her rent was calculated incorrectly and asked the court to dismiss the case. The court ruled for tenant. NYCHA was required by law to...

Tenant in Building that Once Had More Than Six Apartments Was Rent Stabilized

June 27, 2017    

Landlord sued to evict month-to-month tenant and claimed that tenant was unregulated. Tenant claimed that she was rent stabilized and asked the court to dismiss the case. Landlord argued that there were only five...

Nontraditional Family Member Gets Rent-Stabilized Apartment

June 27, 2017    

Landlord sued to evict 87-year-old apartment occupant as a licensee after rent-stabilized tenant died in 2015. Occupant claimed succession rights as a nontraditional family member. The court ruled for occupant after...

Tenant Who Threatened Other Tenants Can Be Evicted

June 26, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by threatening and harassing at least 13 other building tenants. Tenant claimed that she was being harassed by the other tenants and felt unsafe...

Tenant's Limited Failure to Provide Access for Extermination Didn't Create Nuisance

June 24, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by maintaining her apartment in an unsanitary condition and failing to provide access for the exterminator. Tenant claimed that there was...

Building That Once Had Six Apartments Was Rent Stabilized

May 30, 2017    

Landlord sued to evict tenant and claimed that tenant was unregulated because the building contained fewer than six apartments. Tenant claimed that the building contained more than six apartments and the case should...

Landlord Didn't Escort Exterminator into Apartment

May 30, 2017    

Tenants sued landlord in Westchester County small claims court, claiming that property was stolen from their apartment when landlord sent an exterminator to clear bedbugs in tenants' apartment. The exterminator...

No Proof Landlord Delivered Copy of Termination Notice to NYCHA

May 30, 2017    

Landlord sued to evict tenant who received Section 8 benefits. Tenant asked the court to dismiss the case, finding that there was no proof that landlord sent NYCHA a copy of the termination notice. Landlord argued...

Tenant Gets Rent Abatement for Foul Kitchen Odor

May 29, 2017    

Landlord sued to evict tenant for nonpayment of rent, seeking $13,000 in arrears. Tenant claimed breach of the warranty of habitability due to a foul odor coming from her kitchen almost immediately after she moved...

Building That Briefly Contained Sixth Illegal Apartment Was Rent Stabilized

May 25, 2017    

Landlord sued to evict month-to-month tenants of four apartments. Landlord claimed that tenants were unregulated. Tenants asked the court to dismiss the cases, claiming that they were rent stabilized. The court ruled...

Fire in Tenant's Apartment Wasn't Result of Any Objectionable Conduct

May 25, 2017    

Landlord sued to evict tenant for creating a nuisance. They signed a settlement agreement in court that put tenant on probation for 18 months during which tenant agreed not to bang or kick neighbors’ doors,...