NEW YORK LAW JOURNAL

Notices to Section 8 Tenant Didn't Advise Tenant of Right to Discuss Notice with Landlord

May 20, 2016    

Landlord sued to evict HUD project-based Section 8 tenant for creating a nuisance. Among other things, landlord claimed that tenant’s great-grandson broke and damaged windows in the building. Tenant asked the...

Co-op Shareholder Tenant’s Defamation Claims Against Board Members Dismissed

May 20, 2016    

Co-op shareholder tenant, who was a co-op board member, sued fellow board members claiming that they defamed her in emails claiming that tenant was in arrears. Tenant claimed further defamation by fliers placed in...

Court Revokes Damages Awarded to Disabled Tenant

May 20, 2016    

Disabled tenant complained to the New York City Commission on Human Rights (CHR) that landlord failed to provide a reasonable accommodation, in violation of the city's Human Rights Law. Tenant was permanently...

Co-op Shareholder Tenant Restored to Possession After Eviction

May 20, 2016    

Landlord sued to evict cooperative apartment tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted after she failed to appear in court. Tenant then asked the court to vacate the judgment...

Landlord Must Produce Key Fob Records

May 20, 2016    

Landlord sued to evict tenants for creating or allowing a nuisance. Landlord claimed that there were four separate instances of loud banging noises within the apartment. The court granted tenants’ request for...

Tenant Who Didn't Declutter Apartment Gets Final Chance to Avoid Eviction

May 19, 2016    

Landlord sued to evict rent-stabilized tenant for creating a nuisance because tenant maintained his apartment in an unsanitary manner, failed to cooperate with access for extermination, and failed to prepare the...

Missing Rent Registrations and Lease Rider Insufficient to Justify Fraud Claim

May 19, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent.  Landlord claimed that tenant owed more than $12,000. Tenant claimed rent overcharge, fraud by landlord, and that landlord was responsible...

Landlord Should Have Removed Vertical Ladder Fire Escape Outlawed in 1929

May 18, 2016    

Tenant’s guest sued landlord after she fell from a vertical ladder fire escape at landlord’s building and was rendered paraplegic. The guest had gone out on the fire escape with others to look at the...

Landlord's Termination Notice Didn't Comply with HUD Handbook Requirements

May 18, 2016    

Landlord sued to evict HUD Section 8 tenant for illegal use of tenant’s apartment. Tenant was 80 years old and had lived in the apartment for 40 years. Tenant’s son and grandson were arrested in the...

No Attorney’s Fees for Tenant Who Discontinued Harassment Claim

May 18, 2016    

Tenant sued landlord for harassment. He claimed that landlord sent frivolous notices threatening legal action against him for no good cause, substantially interfering with his comfort. Tenant had lived in the...

NYCHA Must Reconsider Son's Succession Claim

May 18, 2016    

NYCHA denied the request of deceased tenant’s son for succession rights. Tenant had lived in the one-bedroom apartment for 20 years before she died in 2012. She developed dementia and her son moved in to care...

Landlord Waited Too Long to Seek Eviction

April 26, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed laches because landlord waited too long to start an eviction case based on nonpayment. The court ruled for tenant. Landlord sought back rent due...