NEW YORK LAW JOURNAL

Landlord Can't Seek Eviction of Subtenants Without Naming Tenants

August 8, 2013    

Landlord sued to evict apartment occupants as unauthorized licensees, claiming that the two rent-stabilized tenants of record had moved out and abandoned possession. The occupants asked the court to dismiss the case...

DHCR Must Consider Rent Overcharge Scheme that Appears Fraudulent

August 8, 2013    

Tenant complained of rent overcharge. The DHCR ruled against tenant, who then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled for tenant. The...

Tenants Awarded Attorney's Fees Totaling $115,000

August 8, 2013    

Landlord sued to evict tenants, claiming that they were unregulated. Tenants claimed that they were rent stabilized. The court ruled for landlord. Tenants appealed and won. As the prevailing party, tenants then...

No Proof of Drug Traffic from Tenant's Apartment

July 15, 2013    

Landlord sued to evict HUD Section 8 tenant, at the request of the Bronx DA, for unlawful use of the apartment for drug trade. The court granted tenant's request to dismiss the case. Tenant had been arrested near...

Landlord's Notices Were Insufficient and Improperly Served

July 15, 2013    

Landlord sued to evict rent-controlled tenant, who failed to appear in court. Landlord claimed that tenant didn't provide access to the apartment on three separate occasions and created conditions that were a...

Landlord Waited Too Long to Appeal Suspension of Rent Subsidy

July 15, 2013    

Landlord sued NYCHA, seeking retroactive payment of a suspended Section 8 rent subsidy for tenant's apartment. The court ruled for landlord, finding its demand untimely. The subsidy was suspended in 2009 after an...

Landlord Can't File Second Case After First Case Settled

July 15, 2013    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Landlord claimed that tenant lived in either the apartment next door, a home in New Jersey, or some other unknown location. Landlord also...

Landlord Gets $200,000 in Attorney's Fees

July 15, 2013    

Landlord cooperative corporation sued tenant shareholder in 2008 for violating his proprietary lease. In 2007 tenant renovated his apartment and installed an air-conditioning unit and a television satellite dish on...

Landlord Can't Recover Retroactive Section 8 Rent Subsidy

July 15, 2013    

Landlord sued HPD, seeking retroactive payment of tenant's Section 8 rent subsidy. HPD had suspended or terminated payment of the subsidy. HPD asked the court to dismiss the case. The court ruled for HPD....

Tenant Shows Rent Reduction Order Was in Effect

July 15, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The agreement gave landlord a judgment of possession and issuance of an eviction...

Tenant Who Switched Apartments Remains Rent Stabilized

July 15, 2013    

Landlord sued to evict when tenant's lease expired. Landlord claimed that tenant was unregulated. Tenant claimed that she was rent stabilized. The court ruled for tenant and dismissed the case. A tenant who...

Tenants' Claim for Injuries Due to Mold Dismissed

June 13, 2013    

Tenants sued landlord claiming that exposure to mold in their apartment over a 20-year period caused them depression, anxiety, fibromyalgia, Lyme disease, and multiple sclerosis. The court ruled against tenants. In...