NEW YORK LAW JOURNAL

Chronic Nonpayment Claim Dismissed

November 18, 2013    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that seven prior nonpayment proceedings were brought against tenant between 1994 and 2011. Tenant asked the court to...

Nonrenewal Notice Ineffective for Deemed Lease

November 18, 2013    

Landlord sued to evict rent-stabilized tenant in 2012 for nonprimary residence after sending tenant a 90- to 150-day lease nonrenewal notice. Tenant claimed that landlord's nonrenewal notice was untimely because...

Tenant Makes Eight Requests to Delay Eviction

November 18, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed $2,360. Tenant was receiving benefits under HRA's Family Eviction Prevention Supplement (FEPS) program in...

Construction Noise Didn't Breach Warranty of Habitability

November 18, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $58,000 in back rent, which included $4,200 in late fees. In response, tenant claimed breach of the warranty of habitability,...

Tenants in J-51 Building Can Pursue Class Action

November 15, 2013    

Former and current tenants sued landlord, claiming that landlord charged them excessive rents and removed more than half of the 1,000 apartments in the building complex from rent stabilization or rent control after...

Landlord Proved Costs of Facade Work

November 15, 2013    

Rent-stabilized tenants filed an Article 78 court appeal of a DHCR order granting landlord's application for MCI rent increases based on exterior facade work and installation of security cameras. Tenants claimed...

NYCHA Tenant Can Keep Pit Bull Dog

November 15, 2013    

NYCHA ruled that tenant couldn't keep her pit bull dog at the building. NYCHA's rules stated that pit bulls weren't allowed at its buildings unless the dog was a service dog. Tenant appealed, claiming...

Depressed Tenant Can't Keep Dog

November 15, 2013    

Landlord sued to evict tenant for keeping a dog in violation of her lease. The court delayed ruling in the case because HUD requested a stay while it considered tenant's discrimination complaint. Tenant claimed...

Tenant's Appeal of Deregulation Order Filed Too Late

November 15, 2013    

In 2005, the NYC Loft Board ruled that tenant's apartment was no longer subject to rent regulation. In 2012, tenant filed an Article 78 mandamus petition seeking: (1) annulment of the 2005 Loft Board order; (2) a...

HPD Must Reconsider Revoking Tenant's Rent Subsidy

November 15, 2013    

HPD terminated tenant's Section 8 rent subsidy after finding that tenant had misrepresented his income on his recertification affidavits. HPD had discovered that tenant owned unreported property in Florida....

Landlord's Notices Didn't State Sufficient Facts

November 15, 2013    

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant and her guests had engaged in antisocial, disruptive, destructive, dangerous, and illegal behavior in and around the building....

Landlord Can't Recover Tenant's Small Apartment for 11-Member Family

November 15, 2013    

Landlord sued to evict rent-stabilized tenant to recover apartment for use by his brother, sister-in-law, and their nine children, who lived elsewhere in a small apartment. Tenant claimed that landlord wasn't...