NEW YORK LAW JOURNAL

Landlord Didn't Name Known Apartment Occupant

November 24, 2015    

Landlord sued to evict tenant for nonprimary residence and named “John Doe” and “Jane Doe” as additional apartment occupants in its court papers. Tenant’s granddaughter appeared in court...

Prior Nonpayment Cases Don't Support Chronic Nonpayment Claim

November 24, 2015    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord claimed that it had to bring three nonpayment proceedings against tenant to recover rent arrears. Tenant argued that he had valid defenses in...

Tenant Gets Rent Abatement for Ceiling Leaks

November 24, 2015    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that, despite landlord’s attempts at repair, recurring roof leaks caused her bathroom ceiling to collapse several times and caused water...

Landlord Waived No-Pet Provision

November 24, 2015    

Landlord sued to evict rent-stabilized tenant for keeping a dog in violation of her lease. Landlord also claimed that the dog created a nuisance. Tenant claimed that landlord waived the no-pet clause by waiting more...

Landlord Can't Use Sealed Drug Charge Records Against Tenants

November 24, 2015    

Landlord sued to evict tenants for illegal drug activity in their apartment. At trial, tenants asked the court to strike drug charge records and testimony of a police officer who relied on them to refresh his...

Landlord Didn't Deliver Nonpayment Petition to Tenant at Known Address

November 24, 2015    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case based on improper service of the petition. Tenant’s daughter appeared in court because she found a copy of the...

Landlord Seeks Tenant's Eviction for Illegal Activity

November 24, 2015    

Landlord sued to evict tenant for conducting illegal activity in her apartment. Landlord tried to introduce proof of tenant’s criminal records. But those records had been sealed four months before landlord...

Landlord Created Nuisance by Illegal Short-Term Rentals

November 24, 2015    

The city sued landlord for illegally converting two buildings into illegal short-term hotels, claiming that landlord created a nuisance that must be abated. The court denied landlord’s request to dismiss the...

Son Claims Landlord Accepted Him as Tenant

November 24, 2015    

Landlord sued to evict rent-stabilized tenant’s son after tenant died in 2014. The son asked the court to dismiss the case, claiming that he had succession rights. The son claimed that he had lived with tenant...

Tenant Gets Rent Abatement for Mold and Mildew

November 24, 2015    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent, and landlord...

Westchester County Loses HUD Funds

October 23, 2015    

In 2006, Westchester County was sued for submitting false claims to obtain housing funds from HUD. In 2009, the county signed a consent decree and agreed to pay $30 million to the federal government as well as $2.5...

Does Domestic Violence Excuse Tenant's Absence from Apartment?

October 23, 2015    

Landlord sued to evict rent-stabilized tenant’s brother after tenant surrendered possession of the apartment. Landlord claimed that the brother was a mere licensee whose permission to remain in the apartment...