NEW YORK LAW JOURNAL

Landlord Must Present Pre-Base Date Proof of Rent History

December 20, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked for permission to conduct pre-trial questioning. Tenant sought documentation for rent charged for the...

Section 8 Tenant's Life Partner Claims Succession Rights

December 20, 2016    

Landlord sued to evict apartment occupant after Section 8 tenant died. Occupant claimed succession rights. He said he was tenant’s domestic life partner and co-parent of their two children for over 40 years. He...

DHCR Arbitrarily and Unreasonably Revoked Triple Damages

December 20, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $59,581 with triple damages. Landlord appealed, and the DHCR revoked the triple damages. On its own and in...

Tenant Brought Multiple Groundless Lawsuits Against Landlord

December 20, 2016    

Landlord sued permanent tenant, claiming abuse of process and sought a permanent injunction barring tenant from filing any further proceedings or motions without prior court approval and unless tenant was represented...

High-Rent/High-Income Deregulation Doesn't Apply to Buildings Subject to Rent Stabilization Under 421-a After July 2, 1984

December 20, 2016    

Tenant moved into a new building receiving 421-a tax benefits in 1994. In 2008 landlord informed tenant that, when the 421-a benefits expired in 2009, he would no longer be subject to rent stabilization. Tenant asked...

Building Not Registered as Multiple Dwelling When Case Commenced

December 20, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case based on landlord’s failure to properly describe the premises or to properly register the building as a multiple...

Hotel-Stabilized Tenant's Roommate Became Permanent Tenant After Tenant Moved Out

December 20, 2016    

Landlord sued to evict hotel-stabilized tenant and his girlfriend/roommate, claiming that tenant didn’t maintain the apartment as his primary residence.  Landlord also claimed that the roommate was a...

Family Member Was in Jail for Some Period Before Tenant Died

December 20, 2016    

Landlord sued to evict apartment occupant after tenant died. Occupant claimed succession rights to the apartment and landlord asked the court for permission to conduct pre-trial questioning. Occupant objected. He had...

Landlord Can't Evict Tenant for Having Guests Without Advance Notice

December 20, 2016    

Landlord sued to evict supportive housing tenant for allowing guests to visit the apartment without advance notice to landlord and without disclosing their identification. Tenant asked the court to dismiss the case,...

Apartment That Was Previously Temporarily Exempt Remained Rent Stabilized

December 20, 2016    

Landlord sued to evict tenant, claiming that the apartment was unregulated due to high-rent vacancy deregulation. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. DHCR...

Tenant's Disabled Granddaughter Gets Apartment

December 20, 2016    

Landlord sued to evict rent-stabilized tenant’s granddaughter after tenant died. Landlord claimed that the granddaughter was a licensee, but the granddaughter claimed that she had succession rights. The court...

Former Owner of Illegally Converted Building Became Rent-Stabilized Tenant

December 20, 2016    

Landlord sued to evict month-to-month tenant, claiming that tenant was unregulated. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. Tenant said that he bought the...