NEW YORK LAW JOURNAL

Federal Court Can't Rule on Tenant's Claim

December 20, 2015    

Landlord NYCHA evicted tenant after obtaining a judgment and warrant from housing court. Tenant later sued in federal court a moving company used by a New York City marshal to remove and store tenant’s...

Tenant Had Valid Excuse for Nonpayment in Prior Cases

December 20, 2015    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord had brought seven nonpayment cases against tenant between 2008 and 2013. Each time tenant claimed that repairs were needed in the apartment. In...

Commencing Nonpayment Proceeding After Starting Holdover Case Reinstated Tenancy

December 20, 2015    

Landlord sued to evict Section 8 tenant based on tenant’s breach of lease obligations by underreporting her income. Landlord and tenant signed a settlement agreement in court by which tenant agreed to repay the...

Notice to Cure Not Required in Nuisance Case

December 20, 2015    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord didn’t send tenant a notice to cure before sending a seven-day termination...

No Obligation to Feed Stray Cats at Condo Complex

December 20, 2015    

Unit owner in a condominium townhouse complex sued the condo in small claims court after it  fined her $650 for feeding feral cats in violation of the condo rules. The court ruled against the unit owner, except...

Apartment Deregulation Already Decided in Prior Court Case

December 20, 2015    

Landlord sued to evict tenant after his 2013 lease expired, claiming that tenant was unregulated. Tenant claimed that he was rent stabilized. But in 2014 tenant had sued landlord in State Supreme Court based on the...

Landlord's Notice Didn't Explain How Tenants Damaged Premises

December 20, 2015    

Landlord sued to evict rent-stabilized tenants for breaching their lease by making loud noises in public areas outside their apartment, and for failing to repair damages to the apartment and public areas. Tenants...

Landlord Must Provide Surveillance Video to Tenant

December 20, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to require landlord to provide her with copies of building video surveillance footage so that there would be no surprise...

Landlord Didn't Prove Chronic Nonpayment

December 20, 2015    

Landlord sued to evict tenant for substantially breaching her lease by chronic nonpayment of rent. Landlord claimed that it had to bring four nonpayment proceedings against tenant in the prior four years. Tenant...

Tenant Needs Guardian Ad Litem

November 25, 2015    

Landlord sued to evict rent-stabilized tenant for illegal subletting. Landlord and tenant signed a settlement agreement in court. Tenant was represented by an attorney. Tenant agreed to move out. Landlord waived over...

Tenant Excused from Late Payment Despite Agreement to Pay on Time

November 25, 2015    

Landlord sued to evict tenant based on chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, giving tenant a 60-month probation period. Tenant complied for one and one half years...

Estate Sues Landlord for Refusing to Rent to Disabled Tenant

November 24, 2015    

Tenant’s mother sued landlord for discrimination under New York State and City laws after tenant died. She said that landlord refused to rent to tenant based on disability and source of income. Tenant had AIDS...