NEW YORK LAW JOURNAL

Tenant Doesn't Have to Move Out During Correction of Violations

February 18, 2015    

Landlord sued to eject tenants from a six-apartment building, claiming that they weren't subject to rent stabilization. While the case was pending, landlord asked the court to order tenants to move out...

Piecemeal Facade Work Doesn't Qualify as MCI

February 17, 2015    

Landlord, the owner of unsold shares for 50 rent-stabilized apartments in a 338-unit building, applied for MCI rent hikes based on exterior restoration work. The co-op corporation that owned the building had...

Tenant's Home Day Care Service Didn't Violate Lease

February 17, 2015    

Landlord sued to evict HUD Section 8 tenant for running a day care service in her apartment. Landlord claimed that tenant violated her lease by doing so. The court ruled for tenant and dismissed the case without a...

Tenant Gets 100% Rent Abatement

January 26, 2015    

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and granted her a 100 percent rent abatement through Dec. 31, 2014....

Landlord Not Responsible for Dog Bite

January 26, 2015    

Tenant's acquaintance sued tenant and landlord after tenant's dog bit the acquaintance on the hand. The court granted landlord's request to dismiss the case as against landlord. The dog was in tenant'...

Landlord Can Conduct Pretrial Questioning

January 26, 2015    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant admitted he moved out of the apartment in October 2011. But tenant's brother claimed that he lived in the apartment as his...

Trial Needed on Landlord's Chronic Nonpayment Claim

January 26, 2015    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it had to commence eight nonpayment proceedings against tenant in housing court between 2006 and 2013. Tenant asked...

Tenant Complains Adjoining Building Blocks Light and Air

January 21, 2015    

Rent-controlled successor tenant sued landlord and owner of adjoining building, and asked the court to order that the adjoining 25-story residential building be torn down. Tenant claimed that a cantilevered structure...

Landlord Named in Petition Wasn't Building Owner

December 22, 2014    

Landlord sued to evict tenant. Landlord claimed that tenant created a nuisance and substantially breached his lease by chronic nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord...

No Link Found Between Tenant Alterations and Leak

December 22, 2014    

Landlord sued to evict rent-stabilized tenant for permitting a nuisance within his apartment. Landlord claimed that tenant made unauthorized alterations, which caused a flood and damaged both the apartment and other...

Eviction Case Against Super Delayed

December 22, 2014    

Landlord sued to evict a live-in building super after the super's employment was terminated. The super asked the court to hold off on any ruling pending his claim filed with the Department of Labor for unlawful...

Former Tenant Claims Damages from Lead Paint

December 22, 2014    

The adult child of former tenant, born in 1991, sued landlord for injuries she claimed she suffered from exposure to lead paint between 1991 and 1995 while she lived in an apartment owned by Albany landlord. Landlord...