NEW YORK LAW JOURNAL

Tenant Gets Substantial Rent Abatement for Serious Conditions

February 27, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability, and the court gave tenant a substantial rent abatement. Landlord appealed, claiming that the abatement was...

Tenant Violated Agreement to Escort Her Son When He Visited

February 27, 2017    

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a probationary settlement agreement that landlord later claimed that tenant violated. The court ruled for landlord and ordered...

Abused Spouse Has Protected Property Interest in Tenant's Voucher

February 27, 2017    

Tenant’s wife sued HPD, claiming that HPD denied her due process, discriminated against her on the basis of her sex, and acted in an arbitrary and capricious manner contrary to federal and local law by denying...

Tenant's Absence from Apartment Was Excusable

February 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Although tenant was away from the apartment for more than 183 days per year during the relevant...

Tenant Violated Agreement to Keep SRO Unit Free from Debris

February 27, 2017    

Landlord sued to evict SRO tenant for creating a nuisance by cramming garbage and other debris from floor to ceiling in his apartment, creating a health, fire, and safety hazard. Landlord and tenant, by their...

Tenant Was Illegally Locked Out of Apartment

February 27, 2017    

Tenant sued landlord, claiming illegal lockout from his apartment. Tenant had lived in the apartment for 12 years under an oral agreement. One day while tenant was outside the apartment, landlord changed the locks...

HUD-Subsidized Building Still Subject to Rent Stabilization

February 27, 2017    

Landlord sued to evict tenant’s husband after tenant died. Landlord claimed in its court papers that tenant’s apartment was not rent stabilized. Instead, landlord claimed that the apartment was federally...

Landlord Can't Evict Tenant from Illegal Apartment Absent DOB Violation

February 27, 2017    

Landlord sued to evict tenant who occupied an illegal basement apartment. Landlord claimed that DOB issued a violation finding that there was an illegal conversion to residential space, contrary to the building...

Starting Fire in Apartment Wasn’t Sufficient to Prove Tenant Nuisance

February 27, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance, claiming that tenant intentionally damaged the apartment by starting a fire. Police found tenant burning clothes in the bathtub while the gas...

Landlord Offered Improper Lease to Tenant's Grandson

February 27, 2017    

Landlord sued to evict rent-controlled tenant’s grandson after tenant died. The court granted the grandson’s request to dismiss the case. In a prior court case, the court had ruled that the grandson had...

Tenant Had No Reasonable Excuse for Failing to Appear in Court

January 25, 2017    

Landlord sued to evict tenant. When tenant failed to appear in court on an adjourned trial date, the court held an inquest and ruled for landlord. Tenant later asked the court to vacate the default judgment. The...

Settlement Didn't Require Tenants to Relocate by Specific Deadline

January 25, 2017    

Landlord, a nonprofit entity providing protection and assistance to immigrants, sued to evict various month-to-month tenants in its building. Landlord and tenants signed a settlement agreement in court in March 2015...