NEW YORK LAW JOURNAL

Landlord Can't Use Sealed Records Against Tenant in Eviction Case

August 18, 2016    

Landlord sued to evict tenant, claiming that she used, or allowed use of, her apartment for illegal activity and the sale of narcotics. Tenant asked the court to strike any references to sealed records in the...

Short-Term Rental Company Mistakenly Entered Tenant's Apartment and Removed Possessions

August 18, 2016    

Tenant sued landlord in January 2010 after her possessions were mistakenly cleared out of her apartment in August 2009 while she was on vacation. In November 2010, tenant added to the lawsuit the real estate company...

Supportive Living Program Resident Restored to Possession

August 18, 2016    

Former resident sued his housing program operator and building owner after he was evicted and sought to be restored to possession. Acacia Network operated a licensed supportive living program facility at the building...

Settlement Agreement Vacated Based on Tenant's Excusable Default

August 18, 2016    

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant was evicted after failing to appear in court. Landlord and tenant  then signed a settlement agreement in court which gave tenant...

Court Finds Two Buildings Are Horizontal Multiple Dwelling

July 26, 2016    

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant claimed that he was rent stabilized because his five-unit building was part of a horizontal multiple dwelling. The court ruled for...

Trial Needed on Whether Tenant's Son Has Succession Rights

July 26, 2016    

Landlord sued to evict rent-stabilized tenant’s son after tenant died. The son claimed that he was entitled to succession rights and asked the court to decide the case without a trial. The court ruled against...

Court Temporarily Suspends NYC Water Bill Rebate

July 21, 2016    

Landlords sued the NYC Water Board after the board approved a one-time $183 credit for 664,000 owners of one-, two-, and three-family dwellings. With this rebate, the board increased charges for owners of apartment...

Tenant in Two-Family House Can't Claim Discrimination in Connection with Service Dog

July 21, 2016    

Tenant in upstate two-family house sued landlord, claiming that landlord discriminated against him. Tenant was an army veteran diagnosed with PTSD who got a service dog as part of his treatment plan after renting the...

Landlord Accepted Rent After Tenancy Termination But Before Starting Eviction Proceeding

July 21, 2016    

Landlord sued to evict tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord accepted rent after termination of the tenancy but before commencement of the proceeding. Landlord...

Cell Phone Service Provider Can Add HVAC System to Building Courtyard

July 21, 2016    

Landlord sued to evict a cell phone service provider for violating its lease. Landlord had permitted the provider to install cellular communications equipment at the building. The lease permitted the provider to use...

Landlord Improperly Applied Rent Payments

July 21, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she had paid all the rent demanded in the petition. The court ruled for tenant, dismissed the case, and awarded tenant $2,350 based on...

HUD Tenant's Behavior Didn't Amount to Material Noncompliance with Her Lease

July 20, 2016    

Landlord sued to evict HUD tenant for material noncompliance with her lease because tenant yelled and cursed at landlord’s employees in the management office. Landlord also claimed that, on another occasion,...