NEW YORK LAW JOURNAL

Landlord Previously Rejected Tenant's Rent Payments

September 20, 2013    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed rent for at least eight months. Tenant claimed that it had sent rent payments, which landlord rejected during a time it disputed whether...

Tenant Can Conduct Pretrial Questioning in Owner-Occupancy Case

September 19, 2013    

Landlord sued to evict rent-stabilized tenant so that she could recover the apartment for herself and her immediate family. Tenant asked the court for permission to conduct pretrial questioning, which is allowed in...

Tenant Can't Get Mitchell-Lama Co-op Apartment

September 19, 2013    

HPD denied tenant's application for a Mitchell-Lama apartment in landlord cooperative corporation's building. Tenant then filed an Article 78 court appeal, claiming that HPD's decision was arbitrary and...

Was Landlord Responsible for Burns Caused by Scalding Shower Water?

September 19, 2013    

Tenant's visiting friend was burned by scalding hot water while using the shower in tenant's bathroom. The friend sued landlord, claiming that it was responsible for her injuries. Landlord asked the court to...

Landlord Not Responsible for Tenant's Friend's Fall from Roof

September 19, 2013    

Tenant's friend sued landlord for negligence after he fell from the building roof. The friend had visited tenant at the building 10 to 20 times and sometimes stayed overnight. One night he visited tenant, but...

Tenant Severely Burned by Scalding Shower Water

September 19, 2013    

Tenant sued landlord for damages based on injuries he suffered when he was severely burned by scalding hot water from the showerhead in his apartment bathroom. Landlord asked the court to dismiss the case without a...

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...