NEW YORK LAW JOURNAL

Tenant Didn't Give Access for Engineering Inspection

April 17, 2014    

Tenant sued landlord in an HP enforcement proceeding, claiming that there was a continual noise or vibration in her apartment. Landlord and tenant, by their attorneys, signed a stipulation in court. Tenant agreed to...

New Landlord Can't Evict Prior Owner's Roommate

April 17, 2014    

Landlord sued to evict apartment occupant. Landlord claimed that occupant was the roommate of prior building owner and had no right to remain in the apartment after prior owner moved out. Occupant asked the court to...

Tenant Can't Sue Landlord's Attorneys

April 17, 2014    

Landlord sued tenant for use and occupancy in 2006. Tenant counterclaimed for a rent abatement. At trial, landlord showed that in two prior proceedings tenant had agreed to pay use and occupancy and to waive and...

Tenant's Mother Can't Get NYCHA Apartment

April 17, 2014    

Tenant asked landlord NYCHA to permit her mother to succeed to tenant's Section 8 rent subsidy. NYCHA ruled against tenant, who then filed an Article 78 court petition. Tenant claimed that NYCHA's decision...

NYCHA Tenant Can Be Evicted for Chronic Nonpayment of Rent

April 17, 2014    

NYCHA, after a hearing, terminated tenant's lease based on tenant's chronic failure to pay rent on time. Tenant filed an Article 78 court appeal, claiming that NYCHA's decision was unfair. The court ruled...

Late-Offered Renewal Lease Must Start at Later Date

March 24, 2014    

Landlord sued to evict rent-stabilized tenant, so that she could recover the apartment for use by a family member. Tenant claimed that landlord's 2011 lease nonrenewal offer was untimely and that, as a result,...

Tenant May Need Guardian Ad Litem

March 24, 2014    

Landlord sued to evict tenant, whose family claimed that tenant needed a guardian ad litem (GAL) during the court proceeding. The court ruled against tenant, who appealed and won. The appeals court sent the case back...

Landlord's Notice Didn't Give Tenant Due Process

March 24, 2014    

Landlord sued to evict tenant after tenant's lease expired. Landlord's 30-day termination notice merely alleged that tenant was holding over. Tenant asked the court to dismiss the case because the termination...

Cost of Improvements Insufficient to Deregulate Apartment

March 24, 2014    

Tenant sued landlord for rent overcharge. She also claimed that she was entitled to a rent-stabilized lease. Tenant asked the court to rule in her favor without a trial. The court ruled against tenant, who appealed...

Tenant's Brother Can't Get NYCHA Apartment

March 24, 2014    

NYCHA tenant's brother sought succession rights to her apartment after tenant died in December 2010. NYCHA ruled against the brother, who filed an Article 78 court appeal. The court ruled against the brother....

Landlord Didn't Properly Identify Regulatory Status in Petition

February 19, 2014    

Landlord sued to evict cooperative tenant shareholder for breaching its lease. Landlord claimed that tenant's subtenant made excessive noise in the apartment. Tenant asked the court to dismiss the case because...

Landlord Waited Too Long to Seek Attorney's Fees

February 19, 2014    

Tenant sued the DHCR and landlord in November 2010, seeking to vacate a DHCR order. The DHCR asked to take the case back for reconsideration. The court ruled against tenant and the DHCR, and dismissed the case in...