NEW YORK LAW JOURNAL

Two Handrails Not Required on Staircase

April 27, 2017    

Tenant claimed that she was injured when she slipped while going up stairs from the building lobby to the second floor. She said there was dirt, trash, and debris on the stairs and that she had previously complained...

No Proof Roommate Was Nontraditional Family Member

April 27, 2017    

Landlord sued to evict occupant from apartment after rent-controlled tenant died in 2014. The occupant claimed that he was tenant’s nontraditional family member and entitled to succession rights. The trial...

Landlord and LINC Tenant Signed Self-Executing Renewal Lease

March 30, 2017    

Landlord sued to evict tenant after tenant’s lease expired and without first sending a 30-day termination notice. Landlord claimed that no prior notice was required. Tenant asked the court to dismiss the case,...

Mother Can't Evict Daughter Since There Was No Landlord/Tenant Relationship

March 30, 2017    

A mother sued to evict her daughter from a single-family home that she owned. The court found that there was no landlord-tenant relationship and dismissed the case. The daughter moved in with the mother in 1999,...

Landlord's Notices of Illegal Sublet Were Insufficient to Support Eviction Petition

March 30, 2017    

Landlord sued to evict tenant for illegal subletting. Tenant asked the court to dismiss the case, arguing that landlord’s notice to cure and termination notice were insufficient. The court ruled for tenant and...

Building Was Rent Stabilized Due to Illegal Sixth Apartment

March 30, 2017    

Landlord sued to evict month-to-month tenant and claimed that the building was unregulated because it contained fewer than six apartments. Tenant claimed that the building had six apartments and that she therefore...

Landlord Can Deduct Cost of Trash Removal from Security Deposit

March 28, 2017    

Former tenant sued landlord for return of $3,500 security deposit. Landlord claimed that tenant owed landlord money for damaging the apartment. The court’s arbitrator ruled for landlord in part. Tenant left 19...

Tenant Unlawfully Evicted Must Be Restored to Possession

March 28, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, based on oral rent demand. The court ruled for landlord, and tenant was evicted after not appearing in court. She then asked the court to be...

Building Was Converted from Commercial to Residential in 1999

March 28, 2017    

Landlord sued to evict unregulated tenant, who claimed that he was rent stabilized. Landlord claimed that the building was exempt from rent stabilization due to substantial rehabilitation in 1999 that converted the...

Tenant Can't Evict Her Sister Since There's No Landlord-Tenant Relationship

March 28, 2017    

Tenant sued to evict her sister from her apartment, claiming that the sister was a licensee. The sister asked the court to dismiss the case. The court ruled for the sister, finding that it was improper to maintain a...

Apartments Occupied by Nonprofit Without Sublet to Affiliated Tenants Not Exempt from Stabilization

March 28, 2017    

Landlord sued to evict tenant from four rent-stabilized apartments in the same building, after refusing to renew tenant’s leases. Landlord claimed that the apartments were exempt from rent stabilization because...

Trial Needed on Whether Deceased Tenant’s Son Was Disabled and Entitled to Succession

March 28, 2017    

Landlord sued to evict rent-stabilized tenant’s son after tenant died. The son claimed succession rights. After pre-trial questioning, landlord asked the court to rule in its favor without a trial. The court...