NEW YORK LAW JOURNAL

Landlord Can't Base Second Eviction Proceeding on Same Nonrenewal Notice

July 17, 2014    

Landlord sued to evict rent-stabilized tenant for owner occupancy after sending tenant a "Golub" notice of lease nonrenewal. The court case was dismissed one year after it was started based on landlord'...

Landlord Gets Attorney's Fees Despite Cure by Tenant

July 17, 2014    

Landlord cooperative corporation sued to evict shareholder tenant for breaching his lease. The court ruled for landlord, who then asked for attorney's fees. Tenant objected, claiming that the lease violation had...

NYCHA Tenant's Daughter Gets Apartment

July 17, 2014    

NYCHA tenant's daughter filed an Article 78 appeal of landlord's denial of succession rights. Tenant had asked landlord six times for permanent permission for the daughter to remain in the apartment. NYCHA...

Receiver Not Responsible for Basement Oil Spill

July 17, 2014    

Building receiver in a foreclosure action asked the court to discharge him and award him a f5 percent commission upon submission of a final report and account. Former landlord objected, claiming that the receiver was...

Insufficient Proof of Slip Hazard in Building Hallway

June 17, 2014    

Tenant sued landlord and property manager for negligence after she claimed to have slipped and fallen on an oily substance on the sixth-floor hallway of the 23-story apartment building. Landlord asked the court to...

Landlord Not Responsible for Child's Injury on Fence

June 17, 2014    

Tenant's child was injured when she kicked a soccer ball into a planting area on the grounds of a NYCHA building and then tripped over a decorative wicket fence surrounding the planting area. Tenant sued NYCHA...

NYCHA Tenant's Fiance Can't Get Apartment

June 17, 2014    

NYCHA tenant's fiance claimed succession rights to the apartment after tenant died. NYCHA ruled against the fiance, who appealed and lost. The fiance didn't get written permission from NYCHA to live in the...

Tenant Violated Ruling to Keep Sex Offender Out of Apartment

June 17, 2014    

Landlord NYCHA terminated tenant's public housing tenancy after tenant violated a prior order to keep her son's father away from her apartment. The father was a convicted level 3 sex offender. Tenant filed an...

NYCHA Tenant Didn't Bar Son from Apartment as Agreed

June 17, 2014    

NYCHA terminated tenant's public housing tenancy after a hearing. Tenant appealed and lost. Substantial evidence supported NYCHA's ruling that tenant violated a 2010 settlement agreement that permanently...

Four Nonpayment Cases in Four Years Wasn't Chronic Nonpayment

June 16, 2014    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it had brought four nonpayment proceedings against tenant in four years. The court granted tenant's request to...

Landlord Didn't Send Tenant Notice to Cure Bedbug Infestation

June 16, 2014    

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant's apartment was filthy and that tenant caused a bedbug infestation. Tenant asked the court to dismiss the case. The court ruled...

Tenant's Son Can't Get NYCHA Apartment

June 16, 2014    

NYCHA tenant's son claimed succession rights after tenant died. NYCHA denied the son's request. The son filed an Article 78 court appeal, claiming that NYCHA's decision was arbitrary and unreasonable. The...