NEW YORK LAW JOURNAL

Trial Needed to Determine Why DSS Stopped Making Rent Payments for Tenant

September 26, 2016    

Landlord sued to evict tenant who received Section 8 housing vouchers for nonpayment of rent. Part of tenant’s rent also was paid by DSS. Tenant asked the court to dismiss the case, claiming that part of the...

Police Raid at Apartment Resulting in Arrest of Non-Tenants Didn't Prove Tenant Nuisance

September 23, 2016    

Landlord sued to evict rent-stabilized tenant based on illegal subletting and nuisance. The court granted tenant’s request to dismiss the case. Landlord’s notice claimed that tenant illegally sublet her...

Landlord's Proof Insufficient

September 23, 2016    

Landlord sued to evict rent-controlled tenant for creating a nuisance. Landlord’s termination notice set forth 45 instances of conduct falling into three categories--subletting a portion of the apartment,...

Settlement Agreement Vacated When Tenant Points Out Viable Rent Overcharge Claim

September 23, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement. Landlord got a judgment and eviction warrant, which was stayed to give tenant a chance to pay the $3,000 back...

Court Refuses to Evict Tenant Whose Barred Son Returned to Get Possessions

September 23, 2016    

Landlord sued to evict tenant based on the sale of narcotics by tenant’s son at the building. Landlord and tenant signed a settlement agreement in which tenant agreed that the son would move out immediately and...

Tenant Who Withdrew DHCR Complaint Can Proceed with Claim in Court

September 23, 2016    

Tenant sued landlord in court for rent overcharge after discovering, when landlord decided not to renew her unregulated lease, that she was rent stabilized because the building received J-51 tax benefits during her...

Landlord's Termination Notice Didn't Give Tenant Sufficient Notice of Claim

September 23, 2016    

Landlord sued to evict rent-stabilized tenant for violating a substantial obligation of her tenancy and creating a nuisance. Landlord claimed that tenant put up floor-to-ceiling partitions in the apartment, illegally...

Court Orders Westchester County to Comply with Fair Housing Agreement

August 21, 2016    

The federal government sued Westchester County for falsely certifying to HUD that it was meeting commitments to affirmatively further fair housing.  The federal Department of Justice and the county signed a...

Proprietary Lease Permitted Shareholder Tenant's Daughter and Four Grandchildren to Live with Her

August 19, 2016    

Landlord cooperative corporation sued to evict shareholder tenant for violating her proprietary lease. Landlord claimed illegal sublet and occupancy by tenant’s family members while tenant lived elsewhere....

Landlord Didn't Follow HUD Rules Before Raising Rent

August 19, 2016    

Landlord sued to evict tenant of a project-based Section 8 apartment for nonpayment of rent, claiming that tenant under-reported her income and then failed to pay her adjusted rent. Tenant asked the court to dismiss...

Occupant Proves Mother/Daughter-Type Relationship with Late Tenant

August 19, 2016    

Landlord sued to evict apartment occupant after rent-stabilized tenant died, claiming that occupant was a licensee whose right to remain in the apartment expired with tenant’s death. Occupant claimed succession...

Tenant Shareholder Claims Co-op Board Interfered with Sale of Apartment

August 19, 2016    

Cooperative shareholder tenant sued the co-op corporation, claiming breach of fiduciary duty by the board and tortious interference with contract. Tenant sought to buy another apartment in the building while the...