NEW YORK LAW JOURNAL

Trial Needed on Tenant's Overcharge Claim

February 19, 2014    

Tenant sued landlord for fraud and rent overcharge, claiming that he was rent stabilized. Landlord admitted that tenant was stabilized, even though his lease stated that he was deregulated. Tenant asked the court to...

Landlord Waived No-Pets Clause But No Attorney's Fees for Tenant

February 19, 2014    

Landlord co-op shareholder sued to evict rent-stabilized tenant for keeping a dog in violation of his lease. The trial court ruled for landlord. Tenant appealed, claiming that landlord waived its right to seek...

Tenant Can't Vacate Default Judgment

February 19, 2014    

Landlord sued to evict tenant for nonpayment of rent in April 2013. Tenant answered the petition and claimed a number of defenses. The case was adjourned several times before the court ordered that the parties must...

Loft Tenants Can't Partition Loft

February 19, 2014    

Residential loft tenant sued co-tenant for partition of loft. While the case was pending, tenant asked the court to direct co-tenant to pay his portion of past-due rent as well as one-half of ongoing monthly rent. In...

Landlord Didn't Comply with Settlement Terms

February 19, 2014    

Landlord sued to evict unregulated tenant of a two-family house for nonpayment of rent. Landlord and tenant signed a settlement agreement that converted the case to a holdover proceeding. Tenant...

Landlord Waited Too Long to Seek Eviction

February 18, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed $73,000 in arrears. Tenant claimed laches--that is, an undue delay in making a claim--and breach of the warranty of...

Landlord Can Evict Tenant to Renovate Apartment, Raise Rent

February 18, 2014    

Landlord sued to evict Section 8 tenant. Tenant asked the court to dismiss the case, claiming that landlord didn't properly terminate his tenancy before starting the eviction proceeding. After a hearing, the...

Landlord Gets $30,000 in Attorney's Fees in Pet Case

February 18, 2014    

Landlord co-op corporation sued to evict tenant shareholder in late 2011 for keeping a dog in violation of the building's rules. Tenant got rid of the dog in early 2012 but filed a complaint with the State...

Transgender Drug Program Resident Claims Housing Discrimination

January 14, 2014    

Transgender woman, diagnosed with gender identify disorder (GID), was arrested for a drug offense and entered a plea agreement to participate in a residential drug treatment program as an alternative to prison....

Stairway from Sidewalk to Basement Didn't Require Handrails

January 14, 2014    

Commercial tenant's employee sued landlord and its storefront commercial tenant for damages after he slipped and fell on a stairway leading from sidewalk doors into the building basement. A conveyor belt to the...

Unrecorded Lease Void for New Landlord

January 14, 2014    

Massapequa landlord sued to evict tenants after buying a building in a foreclosure sale. Landlord claimed that she was unaware of tenants' presence when she bought the building. A notice of pendency was recorded...

Landlord Discontinued Electrical Inclusion Without DHCR Permission

January 14, 2014    

Sixty-nine tenants, rent stabilized and rent controlled, complained of a reduction in building-wide services because landlord discontinued electrical inclusion without prior permission from the DHCR. The DRA ruled...