NEW YORK LAW JOURNAL

Section 8 Subsidy Terminated for Failure to Disclose Income

April 11, 2013    

After an informal hearing, HPD terminated tenant's Section 8 rent subsidy due to inaccurate financial information submitted on tenant's annual recertification forms. It was undisputed that tenant's two...

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

April 11, 2013    

Mitchell-Lama tenant's daughter and grandson filed an Article 78 court appeal of HPD's decision denying their application for succession rights after tenant died in 2011.  HPD had found that...

Former Building Super Was Rent-Stabilized Tenant

April 11, 2013    

Landlord sued to evict the former building super, claiming that the apartment she occupied in the building was unregulated. The super claimed that she was in fact rent stabilized. The trial court ruled for landlord....

Court Can Determine Fair Market Rent for Stabilized Apartment

April 10, 2013    

Landlord sued to evict unregulated tenant for nonpayment of rent, claiming that tenant owed $171,885. Tenant's monthly rent was $7,391. Tenant claimed rent overcharge. The prior tenant was rent controlled,...

Tenant Can Vacate Settlement Agreement Due to Potential Rent Overcharge

March 14, 2013    

Landlord sued to evict a deregulated tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant, whose monthly rent was $4,150, agreed to pay $24,900 in back rent owed over a...

Tenant's Sister Was in Occupancy Since Inception of Tenancy

March 14, 2013    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant's sister claimed that, even if tenant no longer primarily resided in the apartment, she had succession rights because she had lived...

Court Can't Restore Tenant After Claimed Illegal Lockout

March 14, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which the case was converted to a holdover proceeding, tenant would vacate by Oct. 11, 2012, and...

Tenant Can't Get More Time to Seek Section 8 Transfer Voucher

March 14, 2013    

Tenant sought Article 78 judicial review of HPD's decision denying his application for Section 8 rental assistance. Tenant claimed that HPD's decision was arbitrary and unreasonable. Tenant had signed a...

No Landlord-Tenant Relationship Established with Tenant's Son

March 14, 2013    

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent. Tenant claimed that, although he was prior tenant's son, there was no actual landlord-tenant relationship and asked the court to dismiss the...

Landlord Waived Right to Object to Tenant's Dog

March 14, 2013    

Landlord sued to evict tenant for violating a "no pets" clause of tenant's lease. The court granted tenant's request to dismiss the case without a trial. Landlord appealed and lost. Landlord wrote a...

Court Papers Fatally Defective

March 14, 2013    

Landlord sued to evict tenant based on a clutter condition in the apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out by July 31, 2011, unless the apartment passed...

Tenant Can Vacate Agreement to Move Out After Getting Rid of 21 Cats

March 14, 2013    

Landlord sued to evict rent-stabilized tenant for failing to cure lease violations, including harboring 21 cats in her apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out...