NEW YORK LAW JOURNAL

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...

Landlord Failed to Plead Section 8 Status

April 26, 2016    

Landlord sued to evict tenants for nonpayment of rent. Tenants consented to a final judgment in landlord’s favor and issuance of an eviction warrant, but eviction was stayed for tenants to pay $5,120. Tenants...

Tenant's Son Can't Get Apartment That Tenant Didn’t Live In

April 26, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant’s son appeared, claimed succession rights, and asked the court to dismiss the case. The court ruled for landlord. Landlord claimed...

Prior Tenant, Who Transferred Apartment to Son, Remained Rent Stabilized or Had Pass-On Rights

April 26, 2016    

Landlord sued to evict occupant of rent-stabilized apartment. Occupant claimed that she had lived there since 1991. Alternatively, she claimed succession rights. Occupant had been the tenant of the apartment but...

Tenant's Wife Claims Succession Rights After Tenant Agrees to Move Out

April 26, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement converting the case to a holdover proceeding and providing for a final judgment in landlord...

Landlord Can Evict Tenant for Repeated Noise, Fighting, and Threats

April 26, 2016    

Landlord sued to evict tenant, claiming that tenant and his guests created a nuisance in the apartment and the building’s common areas. The court ruled for landlord after a trial. Landlord presented testimony...

Guarantor Responsible for Former Tenant's Unpaid Rent

April 26, 2016    

Landlord sued tenant’s guarantor after tenant moved out and owed rent arrears. The guarantor claimed that the guaranty was inadmissible evidence because it was less than the required eight-point type. The court...