NEW YORK LAW JOURNAL

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...

Tenant Must Be Restored to Possession

January 25, 2017    

Landlord sued to evict rent-stabilized tenant in a building under a Housing Assistance Payments (HAP) contract for violating a substantial obligation of her tenancy by failing to recertify with NYCHA Section 8. The...

Rent-Stabilized Tenant's Son Claims Succession Rights

January 25, 2017    

Landlord sued to evict rent-stabilized tenant’s estate, as well as remaining apartment occupant, for nonpayment of rent. Tenant’s last renewal lease had expired, there was no representative appointed for...

Did Landlord Illegally Seek Removal of Tenant's Service Dog?

January 25, 2017    

Tenant sued landlord, claiming that landlord terminated her tenancy due to tenant’s service dog, in violation of the Fair Housing Act (FHA). The court ruled against tenant because he didn’t state facts...

Nonpayment Proceeding Dismissed Due to Defective Rent Demand

January 23, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that  landlord’s rent demand was defective. The court ruled for tenant and dismissed the case. The rent demand was seven...

Court Can Restore Wife to Possession After Husband Locked Her Out

January 23, 2017    

Wife sued husband, claiming that he illegally locked her out of their apartment in collusion with their landlord. She claimed that after a fight, she had obtained from the courts orders of protection against the...

Court Grants City Preliminary Injunction to Stop Landlord's Short-Term Rentals

January 23, 2017    

Rent-stabilized tenants of SRO building sued landlord, claiming that landlord was using the building for short-term stays in violation of the Multiple Dwelling Law, and resulting in breach of the warranty of...