NEW YORK LAW JOURNAL

Landlord Can't Void Preferential Rent Due to Nonpayment

September 26, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay the back rent owed in installments. When tenant's...

Federal Court Can't Hear Eviction Cases

September 26, 2014    

Landlord sued to evict 22 tenants in separate holdover proceedings. Tenants together filed a lawsuit in federal court to move the cases there. Tenants claimed that landlord violated their rights under the Fair...

Corporation Can Be Primary Resident

September 26, 2014    

Landlord sued to evict rent-stabilized tenant and apartment occupants, claiming that tenant was a licensee no longer entitled to occupy the premises after its lease expired. Tenant was an agency that provided "...

Tenant Can Operate Daycare Center in Her Apartment

September 25, 2014    

Landlord sued to evict tenant, claiming that tenant was illegally using her apartment as a daycare center in substantial violation of her lease. The court granted tenant's request to dismiss the case. Tenant was...

Landlord Can't Get Full Rent from Section 8 Tenant

September 25, 2014    

Landlord sued to evict NYCHA tenant for nonpayment of rent due from June 2012 through July 2013. Tenant argued that landlord's rent claim was stale. Landlord had failed to correct Housing Quality Standards...

Landlord Entitled to Longevity Increase Back to 1965

September 25, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, and ordered landlord to refund over $6,000, including triple damages. Landlord appealed, and the DHCR denied landlord's PAR....

Landlord's Appeal of HPD Ruling Was Untimely

September 25, 2014    

Landlord filed an Article 78 court petition against HPD, seeking to reverse the agency's ruling that his 2011 building registration wasn't valid. Landlord asked the court for an order directing...

"Three-Quarter" House Can't Oust Participant Without Eviction Proceeding

September 25, 2014    

Former program participant at a "three-quarter house" sued the housing program facility operator, seeking to be restored to possession. The program had given occupant a bunk bed in an...

Tenant Waited Too Long to Vacate Money Judgment

August 18, 2014    

Landlord sued to evict tenants for nonpayment of rent. Landlord and tenants signed a settlement agreement in court, which included a payment schedule. After tenants failed to meet the payments, a money judgment was...

Landlord Not Responsible for Damage to Tenant's Property

August 18, 2014    

Former tenant sued landlord for $15,000, claiming that a fire in the building's boiler room destroyed her property. The court ruled against tenant, who appealed and lost. Tenant failed to prove that landlord was...

Condo Board's Lawsuit Wasn't Properly Authorized

August 18, 2014    

Condominium board of managers sued condo conversion sponsor for compensation based on claimed defects in the building. The sponsor asked the court to dismiss the case without a trial, claiming that the board lacked...

Neither Landlord Nor Tenant Responsible for Visitor's Death

August 18, 2014    

Visitor's family sued landlord and tenant for wrongful death, after visitor died following a slip and fall on a wet surface in the building vestibule. Landlord and tenant both asked the court to dismiss the case...