NEW YORK LAW JOURNAL

Landlord’s Nuisance Claim Against Tenant Was Specific Enough

March 22, 2016    

Landlord sued to evict rent-stabilized tenant for nuisance. Tenant asked the court to dismiss the case, claiming that landlord failed to make a claim and that the court papers weren’t properly delivered. The...

Southampton Landlord Rented Without Town Permit

February 18, 2016    

Tenant sued landlord, seeking to rescind his lease for the summer rental of a Southampton property for $180,000. The court ruled for tenant. Landlord appealed and lost.  Shortly after the lease started in May...

Tenant Was Overcharged Based on Prior Rent Reduction Order

February 18, 2016    

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed rent overcharge.  A DHCR rent reduction order was issued in 1976, and landlord’s later application to restore rent wasn...

Executor Gets Order to Oust Deceased Co-op Tenant’s Brother

February 18, 2016    

Executor sought possession of cooperative apartment and the corresponding shares after co-op tenant died, along with an order directing tenant’s brother to vacate the apartment and pay use and occupancy. The...

Tenant in Illegal Seven-Unit Building Was Rent Stabilized

February 18, 2016    

Landlord sued to evict tenant, claiming that tenant was unregulated and her lease had expired. Tenant asked the court to dismiss the case, claiming retaliatory eviction. Tenant also claimed that the four-family...

Landlord Can't Evict Occupant with Life Estate in Apartment

February 18, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had no standing to bring the case. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant had a life...

Trial Needed to Determine Whether Tenant’s Grandson Has Succession Rights

February 18, 2016    

Landlord sued to evict rent-controlled tenant for nonprimary residence after learning that tenant moved to a nursing home in July 2008. Tenant’s grandson claimed succession rights. He had lived in the apartment...

Termination Notice Didn't Give Section 8 Tenants Chance to Discuss Issue

February 18, 2016    

Landlord sued to evict HUD Section 8 tenants for violating their lease. Landlord claimed that tenants failed to disclose on their 2014 income recertification that their daughter and grandchild lived in the apartment...

Court Reinstates Disabled Tenant After Eviction

February 18, 2016    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant obtained seven delays of the eviction over a two-year period, claiming that he would pay the...

Four Nonpayment Cases in 14 Years Didn’t Prove Chronic Nonpayment

February 18, 2016    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord claimed that it brought four prior nonpayment proceedings against tenant. Tenant asked the court to dismiss the case for failure to show a breach...

Tenant's Grandson Gets Rent-Stabilized Apartment

February 18, 2016    

Landlord sued to evict apartment occupants after rent-stabilized tenant died in January 2015. Occupants, who were tenant’s son and grandson, claimed succession rights. They asked the court to rule in their...

Tenant’s Son Can't Get Rent-Stabilized Apartment

January 27, 2016    

Landlord sued to evict rent-stabilized tenant’s son after tenant died. The court ruled for landlord based on the son’s failure to appear in court. Landlord discontinued the case against “John Doe...