NEW YORK LAW JOURNAL

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,...

Court Vacates Settlement Agreement to Let Tenant Assert Overcharge Claim

April 28, 2017    

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

Landlord Gets Money Judgment in Nonpayment Case Without Personal Delivery of Court Papers to Tenant

April 28, 2017    

Landlord sued to evict tenant for nonpayment of rent. The Rochester city court ruled for landlord in part based on tenant’s failure to appear. Landlord was entitled to a judgment of possession and eviction...

Landlord Must Produce Witness List Before Nuisance Trial

April 28, 2017    

Landlord sued to evict tenant for creating a nuisance. Tenant sought pretrial document production from landlord. The court ruled for tenant, who later asked the court to dismiss the case based on landlord’s...

SRO Tenant's Brother Became Permanent Tenant

April 28, 2017    

Landlord sued to evict hotel-stabilized SRO tenant for nonprimary residence. Landlord claimed that tenant didn’t live in the unit but let her brother live there without landlord’s consent. The brother...

Landlord Renewed Tenant's Lease After Terminating Tenancy

April 28, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord sent tenant a renewal lease after terminating the tenancy. Landlord argued that it...

Court Finds Process Server’s Signatures Inconsistent

April 28, 2017    

Landlord sued to evict two tenants for nonpayment of rent, then sought default judgments when tenants failed to respond. The court ruled against landlord. Affidavits of service indicated that a licensed process...