NEW YORK LAW JOURNAL

Improper Foreclosure May Derail Eviction Case

February 20, 2015    

FNMA foreclosed on tenant-shareholder's cooperative apartment and then brought an eviction proceeding against tenant. Tenant, in turn, sued FNMA, claiming that the foreclosure was improper. Tenant asked the court...

Maintenance Company Not Responsible for Elevator Accident

February 20, 2015    

Tenant sued landlord and its elevator maintenance repair company for negligence, claiming that he was injured one day when he entered an elevator in the building.  Tenant explained in pretrial questioning that...

Tenant Gets Attorney's Fees in HP Proceeding

February 20, 2015    

Tenant sued landlord for lack of hot water. in February 2013, tenant asked the court to hold landlord in contempt for failing to restore hot water in her apartment for over two years. After a hearing, the court ruled...

NYCHA Tenant's Default Vacated in Chronic Nonpayment Case

February 20, 2015    

NYCHA held a hearing based on a claim of tenant's chronic late payment of rent and ruled that tenant could be evicted after tenant failed to appear for the hearing. Tenant filed an Article 78 appeal and argued...

Landlord Waived Right to Object to Tenant's Dog

February 20, 2015    

Landlord sued to evict the tenant of a condominium unit for keeping a small dog in the apartment. Tenant claimed waiver because landlord's employees knew for at least two years that she had the dog before...

Agreement Not to Renew Rent-Stabilized Lease Void

February 20, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence and rent profiteering. Landlord and tenant signed a settlement agreement in court in 2009. Landlord agreed to drop the case provided tenant...

Tenant Gets Attorney's Fees After Case Dismissed

February 18, 2015    

Landlord sued to evict tenant for creating a nuisance by making excessive noise. The court ruled against landlord after a trial and awarded tenant attorney's fees of over $22,000. Landlord appealed and lost....

Tenant Can't Vacate Settlement Agreement Signed by His Attorney

February 18, 2015    

Landlord sued to evict apartment occupant, claiming that he was a licensee. Both sides were represented by attorneys, who signed a settlement agreement in court. Under the agreement, a judgment was awarded to...

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....