NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Waited Too Long to Seek Restoration of Case to Court Calendar

January 27, 2025    

Landlord sued to evict tenant for nonpayment of rent in 2012. In September 2013 the case was marked off the housing court calendar while landlord appealed a January 2013 interim decision of that court. The appeal was...

Tenant Not Responsible for Injuries to Visitor Who Was Injured in Building's Common Area

January 27, 2025    

A visitor was injured when she tripped and fell on the exterior staircase leading from the front porch of landlord's two-family home while leaving after a visit to the tenant who lived on the second floor....

Tenants' Late Filing of Notice of Claim for Child's Lead Poisoning Excused by Court

January 26, 2025    

NYCHA tenants sued landlord, claiming that their child was injured by exposure to lead-based paint in their apartment. They had moved into their unit in April 2020, and in January 2022, the infant tested with an...

Landlord Not Responsible for Dog Attack on Food Delivery Person

January 26, 2025    

A food delivery person sued landlord NYCHA, claiming that he was injured when bitten by a dog while delivering food in the building. Landlord asked the court to dismiss the case without trial. The court ruled for...

Prior Court Stipulation that Deemed Tenants Rent Stabilized Permitted Pass-on Rights for Daughter

January 26, 2025    

(Decision submitted by David Hershey-Webb, of the Manhattan law firm of Himmelstein McConnell Gribben & Joseph LLP, attorneys for the tenant.)

Was Vacancy Deregulation of Tenant's Apartment Lawful?

January 26, 2025    

Tenants sued landlord, claiming rent overcharge and improper deregulation of a rent-stabilized apartment in 2008 after the prior rent-controlled tenant moved out. The court denied landlord's request for a ruling...

Tenants Claiming Discrimination Can Proceed with Retaliation Claim

January 26, 2025    

Apartment tenants sued landlord in 2021, claiming discrimination and retaliation based on race or sexual orientation in violation of the NY State Human Rights Law. Tenants were a gay male couple; one was Black, the...

Tenants Sufficiently Presented Claims of Overcharge and Improper Deregulation

January 25, 2025    

Various building tenants sued landlord, claiming rent overcharge and improper deregulation of their apartments, which they claimed were rent stabilized. They also claimed breach of the warranty of habitability for...

Landlord Can Amend Answer to Overcharge Claim

January 25, 2025    

Tenant sued landlord in 2018, claiming that he was rent stabilized, that landlord falsely represented to him that his apartment was deregulated, that he had been overcharged, and that landlord engaged in an unlawful...

Tenants Owe Landlord Damages for Rooftop Use

January 25, 2025    

Landlord sued tenant for damages resulting from tenants' unauthorized use of the building rooftop since January 2012 for recreational purposes and for debris removal. The court ruled for landlord. Tenants...

Shareholder-Tenant's Romantic Partner Can't Inherit Apartment as "Spouse"

January 25, 2025    

A co-op apartment occupant lived in the apartment for 13 years with her "long-time romantic partner," who was the shareholder-tenant of the unit and who left the apartment to the occupant in his will. After...

Landlord's Request to Dismiss Tenants' Fraudulent Deregulation Claim Was Premature

January 24, 2025    

Tenants sued landlord, claiming that prior landlord had deregulated their apartments in 2007 and 2008 based on alleged individual apartment improvements (IAIs) that were never performed. Landlord asked the court to...