NEW YORK LAW JOURNAL

Court Vacates Eviction Warrant Against Tenant Who Paid Back Rent

April 26, 2016    

Landlord sued to evict 83-year-old tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which provided for a final judgment in landlord’s favor and issuance of an eviction...

Tenant Gets Limited Discovery Concerning Claimed Chemical Fume Condition

April 26, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant withheld rent to pressure landlord to remedy an odor and chemical fume condition that tenant claimed existed in and around the apartment. Tenant said that...

Estate Can't Seek Eviction of Family Member in Surrogate’s Court

April 26, 2016    

Deceased landlord’s executor sought ejectment of tenant and two of tenant’s brothers from the premises. Tenant and one brother moved out. The other brother, who was deceased landlord’s son, asked...

Landlord's Eviction Case Against Adult Home Resident Was Procedurally Defective

April 26, 2016    

Landlord sued to evict adult home resident in housing court, whose occupancy was terminated for nonpayment of monthly fees. The court noted that Real Property Actions and Proceedings Law Sections 711 and 713 didn...

Landlord Improperly Performed Self-Help Eviction Against Halfway House Resident

April 26, 2016    

Former resident of a transitional residence for recovering alcoholics and drug users was ejected from the residence by landlord after violating rules prohibiting drugs, alcohol, tobacco, and firearms. The resident...

Co-op Shareholder Tenant Gets 100 Percent Rent Abatement for Smoke Infiltration

April 26, 2016    

Co-op shareholder tenant sued co-op corporation for failing to remedy a secondhand smoke condition in her apartment. She claimed that the smoke caused her to suffer tightness in her chest, coughing, headaches, and...

Three-Unit Building Was Part of HMD

April 26, 2016    

Landlord sued to evict tenant. Landlord claimed that the apartment was unregulated because the building contained only three apartments. Tenant claimed that the building was connected to two adjacent buildings each...

Nontraditional Family Member Gets Rent-Stabilized Apartment

April 26, 2016    

Landlord sued to evict apartment occupant from rent-stabilized apartment after tenant died. Occupant claimed that she was a co-tenant or, alternatively, that she was entitled to succession rights as a nontraditional...

Landlord Submitted No Proof to Support Deregulation of Apartment

April 26, 2016    

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant claimed that the apartment was improperly deregulated and that he was rent stabilized. Tenant asked the court to dismiss the case...

Tenant’s Attorney Removed Hallway Cameras

March 22, 2016    

Tenant’s attorney spotted five pinholes in the ceiling molding across the hallway from tenant’s apartment and discovered small cameras behind the pinholes that were pointed at tenant’s apartment...

Three-Quarter House Tenants Claim Harassment, Unlawful Eviction

March 22, 2016    

Landlord sued to eject six “three-quarter house” tenants from two buildings after it failed to obtain evictions in housing court cases. The premises weren’t half-way houses where residents were...

Tenant Not Required to Complete LIHTC Rider for Renewal Lease

March 22, 2016    

Landlord sued to evict tenant for violating a substantial obligation of her lease. Landlord claimed that tenant failed to certify her income under the Low Income Housing Tax Credit (LIHTC) program. Tenant argued that...