NEW YORK LAW JOURNAL

Building Converted from Six to Four Apartments Remained Rent Stabilized

April 28, 2017    

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant claimed that he was rent stabilized and asked the court to dismiss the case without a trial. The court ruled for tenant. Before 1974...

Landlord Improperly Sued to Evict Shareholder Tenant as Licensee After Foreclosure

April 28, 2017    

Landlord cooperative corporation sued to evict shareholder tenant after recovering the apartment in a nonjudicial foreclosure after tenant failed to make maintenance payments. Landlord started the case by sending...

Court Grants Tenant's Request for Pretrial Questioning

April 28, 2017    

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant claimed that the apartment was rent stabilized and had been improperly deregulated. Landlord and tenant agreed to mark the case off...

Tenant Who Cooked Food in Apartment Didn’t Create Nuisance

April 28, 2017    

Landlord sued to evict tenant for breaching her lease and creating a nuisance by preparing Ecuadoran food in her apartment kitchen for sale at construction sites. Tenant had a food vendor’s license and had...

Settlement Agreement in Nonpayment Proceeding Vacated

April 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay the back rent owed. Shortly before the payment deadline,...

Tenant Didn't Pay “Use and Occupancy” While Eviction Case Pending

April 27, 2017    

Landlord sued to evict tenant for nonprimary residence. While the case was pending, landlord and tenant signed a court-ordered agreement that tenant would pay monthly use and occupancy or else landlord could evict...

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...