NEW YORK LAW JOURNAL

Cure Notice Required for Conduct Cited in Termination Notice

May 15, 2013    

Landlord sued to evict rent-stabilized tenant for nuisance, claiming that tenant interfered with the comfort and safety of other tenants in the building by stuffing papers in the lobby door lock, smoking cigarettes...

Warranty of Habitability Claim Can't Go Back More Than Six Years

May 15, 2013    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability and asked for a rent abatement. Tenant subpoenaed DHCR records and managing agent records from landlord,...

Granddaughter Can't Get NYCHA Apartment

May 15, 2013    

NYCHA tenant's granddaughter claimed succession rights after tenant died in April 2010. NYCHA ruled against the granddaughter, who then filed an Article 78 court appeal. She claimed that NYCHA's decision was...

Tenants Can Join in Landlord's Challenge to Building Tax Assessment

May 15, 2013    

Landlord sued the NYC Tax Commission to challenge the assessed valuation of its building for the tax years 2009/10 and 2010/11. Landlord claimed that the valuations of the property for those years were excessive. The...

Eviction Case Dismissed for Procedural Defects

May 15, 2013    

Landlord sued to evict rent-stabilized rooming house tenant for creating a nuisance. Landlord's notice to cure stated that: (1) starting in May 2012 tenant continuously harassed landlord and other...

Tenant Can't Be Sued for Nonpayment During Time He Had No Lease

May 15, 2013    

Rent-stabilized tenant died in November 2011. Her son claimed succession rights and in December submitted to landlord documentation of his residence in the apartment, along with a rent check. Landlord rejected...

Tenant's Son Can't Get Mitchell-Lama Apartment

April 12, 2013    

Tenant's son claimed succession rights to Mitchell-Lama apartment after tenant moved out in December 2004. HPD ruled against the son because he didn't appear on tenant's income affidavit for the...

Landlord's Proposed Rent Increase Unconscionable

April 12, 2013    

Landlord sued to evict long-term tenant for refusing to renew her lease. Tenant, who had lived in the building since 1980, claimed that the renewal lease increased her rent by 92 percent. Tenant moved into the...

Condo Unit Owner Can't Sue for Breach of Covenant of Quiet Enjoyment

April 12, 2013    

A condominium unit owner sued the building owner, homeowners association, and the building's board of managers for damages based on negligence, breach of fiduciary duty, breach of quiet enjoyment, and private...

City Can Block Short-Term Stays at Apartment Buildings Pending Lawsuit

April 12, 2013    

The City of New York sued landlords for deceptive trade practices under the consumer protection law, and for public nuisance. The city claimed that landlords operated a multi-tiered business that advertised, booked,...

No Attorney's Fees for Landlord After Harassment Claim Dismissed

April 11, 2013    

Tenant sued landlord in housing court for harassment and asked for a restraining order. The court ruled against tenant after a trial and dismissed the case. Landlord then asked the court for attorney's fees. The...

Did Housing Authority Improperly Refuse to Increase HAP Payments?

April 11, 2013    

Landlord of a multifamily housing project who received Section 8 rent subsidies in the form of HAP payments on behalf of low-income tenants sued the local housing authority and the New York State Housing Finance...