NEW YORK LAW JOURNAL

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...

Landlord Claims Tenant Didn't Renew Lease

December 22, 2014    

Landlord sued to evict non-purchasing tenant in cooperative building for failure to renew her lease. Tenant claimed that failure to sign a renewal lease wasn't grounds for eviction under the Martin Act. The court...

Tenant's Rent-Stabilized Lease Exempt from Bankruptcy Estate

December 22, 2014    

Rent-stabilized tenant had lived in her apartment for over 40 years. After tenant's husband died in 2011, tenant was unable to pay her credit card debts totaling $23,000 and filed for Chapter 7 bankruptcy. Tenant...

Landlords Can Proceed with Challenge to 2014 Rent Stabilization Code Amendments

December 22, 2014    

Landlords, RSA, CHIP, and other organizations sued the DHCR to challenge the agency's extensive January 2014 amendments to the Rent Stabilization Code, including amendments that established a Tenant Protection...

Tenants Get Attorney's Fees When Landlord Fails to Pursue Case

November 25, 2014    

In separate proceedings, landlord sued to evict tenants for improperly combining apartments without approval from landlord or DOB. The court joined the cases together, then marked the cases off calendar and said that...

Eviction Case Dismissed After Landlord Accepted Rent from Tenant

November 24, 2014    

Landlord sent tenant a renewal lease offer on June 1, 2010, for a lease to commence on Sept. 16, 2010. Tenant sent the renewal form back on June 10, having checked off the box indicating that she wouldn't be...

Landlord Must Restore Rent-Controlled Tenant to Repaired Apartment

November 24, 2014    

DOB ordered 85-year-old rent-controlled tenant to vacate her apartment while structural repairs were completed. At the same time, the DHCR issued an order confirming tenant's right to return to the apartment when...

Landlord Can Get Attorney's Fees from DHR

November 24, 2014    

Co-op shareholder-tenant complained to HUD that landlord was discriminating against her based on disability. Landlord had sued to evict her for keeping a dog in violation of her lease. Tenant claimed that it was an...

Commercial Tenant Wasn't Entitled to Live in Space Behind Salon

November 24, 2014    

Commercial tenant sued landlord, claiming that he was illegally evicted from a residential portion of the premises. Landlord claimed that there was no agreement to rent any residential space. The court ruled against...

Tenant Not at Fault for Attorney's Failure to Release Rent Funds to Landlord

November 24, 2014    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later sought eviction due to tenant's failure to pay the back rent as agreed. Tenant...

Recovery House Resident Improperly Evicted

November 24, 2014    

Resident of a three-quarter house for recovering addicts claimed that he was a tenant and was illegally locked out of the house by the program operator. The operator claimed that resident wasn't a tenant but only...