NEW YORK LAW JOURNAL

Landlord Didn't State Tenant’s Section 8 Status

August 24, 2015    

Landlord sued to evict Mitchell-Lama co-op tenant for nonpayment of monthly maintenance. The court granted tenant’s request to dismiss the case. Landlord claimed that when it started the case there was no HPD...

Landlord's Termination Notice Insufficient

August 24, 2015    

Landlord sued to evict tenant for creating a nuisance and violating a substantial obligation of his tenancy by maintaining a “Collyers” condition in his apartment. Landlord claimed that the apartment was...

No Proof Subtenants Lived in Apartment with Tenant

July 24, 2015    

Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant asked the court to dismiss the case without a trial, claiming that he lived in the apartment with his children and never assigned or sublet...

Tenants Can Pursue Discrimination Claim

July 24, 2015    

Tenants sued landlord’s agent in federal court for housing discrimination, claiming that the agent violated the Fair Housing Act by telling them that they may not get a lease renewal with a new landlord because...

Acceptance of Rent After Termination Didn’t Invalidate Termination Notice

July 24, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant’s request to dismiss the case because landlord had accepted two rent checks from tenant after tenant’s...

Federal Court Can't Decide Tenant's Harassment Claim

July 23, 2015    

Subsidized tenant in HUD housing sued landlord in federal court, claiming breach of covenant of quiet enjoyment and harassment. Landlord had sued to evict tenant for unauthorized subletting. That case was settled by...

Tenant Evicted on Default Seeks Restoration to Re-rented Apartment

July 23, 2015    

Landlord sued to evict rent-controlled tenant for unauthorized subletting. The court ruled for landlord based on tenant’s failure to appear in court. Landlord recovered and re-rented the apartment. Tenant later...

Tenant Illegally Sublet Apartment

July 23, 2015    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Landlord claimed that tenant and his family lived in another rent-stabilized apartment while subletting landlord’s apartment to an...

Tenant Violated 17-Year-Old Agreement to Exclude Girlfriend from Apartment

July 23, 2015    

Landlord NYCHA issued an eviction order against elderly tenant, finding that he had violated a stipulation signed 17 years earlier in which he agreed to exclude his girlfriend from the apartment. At the time, the...

Apartment Temporarily Exempt Reverted to Rent-Stabilized Status

July 22, 2015    

Landlord sued to evict month-to-month tenant, claiming that the apartment was deregulated. Tenant claimed that he was rent stabilized, that his apartment had been improperly deregulated, and that he had been...

Tenant Gets Rent Abatement for Apartment Conditions

July 22, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant in part. From August through November 2014 there were rent-...

Tenant's Domestic Partner Gets Apartment

July 22, 2015    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed that he was 74 years old and had lived with tenant for over 30 years as her spouse. Tenant’s death certificate...