NEW YORK LAW JOURNAL

No Rent Abatement for Second-Hand Smoke Claim

September 24, 2015    

Landlord sued to evict rent-stabilized tenant for...

Landlord's Notices to Tenant Were Contradictory

September 24, 2015    

Landlord sued to evict Section 8 tenant, claiming that tenant had failed to complete recertification with NYCHA, which resulted in termination of her rent subsidy. Tenant claimed that landlord’s notice to cure...

Tenant Can Review Pre-Base Date Rent Records

September 24, 2015    

Landlord sued to evict tenant for nonpayment of rent....

Tenant's Husband Claims Succession Rights

September 24, 2015    

Landlord sued to evict apartment occupant after tenant died and asked the court to rule without a trial, claiming that there was no question of fact. Occupant claimed that he was tenant’s husband, had...

Late Rent Payment Was Minor Violation of Agreement

September 24, 2015    

Landlord sued to evict tenant for chronic nonpayment of...

Court Rejects HPD Vacate Order

September 22, 2015    

Tenants sued HPD to stop HPD from enforcing a vacate order issued on Dec. 9, 2014. HPD claimed that there were various unsafe conditions at the building. Tenants claimed that HPD’s inspection report was false...

Landlord's Notice to Quit to Squatter Didn't State Enough Facts

September 22, 2015    

Landlord sued to evict apartment occupant, claiming that he was a squatter. The court dismissed the case because landlord’s notice to quit was insufficient. The notice stated only that “Landlord elects to...

Tenant Spent Most Days at Mother’s Yonkers Home

September 22, 2015    

Landlord sued to evict rent-stabilized tenant from a studio apartment based on nonprimary residence. Landlord claimed that tenant had abandoned the apartment and lived primarily in Yonkers with her mother. The court...

Tenant Seeks to Evict Former Girlfriend

September 22, 2015    

Tenant sued to evict apartment occupants, who were a woman and her son, claiming that they were licensees who no longer had his permission to live in the apartment. Occupant claimed that she had a family relationship...

Tenant Doesn't Prove Rent-Stabilized Apartment Was Primary Residence

September 22, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed and lost. Tenant claimed that the court improperly denied his request for a ruling...

Landlord Can Eject Occupant of Illegal Cellar Apartment

August 24, 2015    

Landlord sued to eject occupant from illegal cellar apartment. The apartment had been rented to occupant’s ex-wife in 1997. Occupant had been listed on the household composition form until 2006 when his name...

Jury Trial Waiver Inapplicable

August 24, 2015    

Landlord sued to evict tenant for unlawful conduct based on drug activity. Tenant demanded a jury trial. Landlord argued that tenant’s lease contained a jury waiver clause. But landlord didn’t base its...