NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Applies Good Cause Eviction Law to Dismiss Holdover Proceeding Based on Nonpayment

October 28, 2024    

Landlord sued to evict tenant after a 90-day nonrenewal notice expired. Landlord claimed that it wasn't renewing the lease because tenant owed more than $30,000 in back rent. The case was commenced after the Good...

Court Upholds Mayor's Veto of FHEPS Voucher Program Expansion

October 28, 2024    

The New York City Council passed the City Fighting Homelessness and Eviction Prevention Supplement (CityFHEPS) Reform Laws, which Mayor Adams ultimately vetoed. The City Council then overrode the mayor's veto and...

Owners Seek U.S. Supreme Court Review of Constitutional Challenge to HSTPA

October 28, 2024    

Owners and owner organizations sued the State of New York in federal court in 2020, claiming that the HSTPA effected a physical and regulatory taking of their property in violation of the Takings Clause of the Fifth...

Good Cause Eviction Law Applied to Case Commenced After April 20, 2024

October 26, 2024    

Landlord of a two-family house sued to evict tenant after her lease term ended and after serving a 90-day termination notice on Nov. 16, 2023. In response to the eviction petition, tenant claimed that the Good Cause...

DHCR Should've Directed Renewal Lease Offer at Guidelines in Effect When Lease Should've Been Offered

October 26, 2024    

Rent-stabilized tenant filed a lease violation complaint with the DHCR, claiming that landlord offered tenant a renewal lease dated Jan. 11, 2021, that didn't include tenant's wife's name and failed to...

Tenant's Brother Doesn't Get Mitchell-Lama Apartment

October 26, 2024    

The brother of a Mitchell-Lama tenant claimed succession rights to tenant's apartment after tenant died. HPD ruled against the brother, who then filed an Article 78 court appeal of HPD's decision. The court...

Eviction Proceeding Was Commenced Before Good Cause Eviction Law Applied

October 26, 2024    

Landlord of a one-family house sued to evict unregulated tenant on March 26, 2024, after having served a 30-day termination notice. The court assigned an initial return date of June 11, 2024. The case was adjourned...

Landlord Responsible for Tenant Injuries Following Rat Attack

October 25, 2024    

Tenant sued landlord for negligence after she was injured in the building's trash room. She claimed that she fell backwards when multiple rats jumped toward her. Prior to this incident, tenant and others had...

Landlord Sued Former Tenant for Back Rent and Damages in Improper Format

October 25, 2024    

Landlord apartment owner sued former tenant for back rent owed under lease that tenant broke by vacating early. Tenant's lease term ran from Oct. 1, 2022, through Dec. 31, 2023, but tenant moved out on Jan. 31,...

Husband's Claim That Ex-Wife Was Squatter Denied by Court

October 25, 2024    

The owner of an upstate house sued to evict his ex-wife, claiming that she was a squatter in the house and had moved in during 2022 while he was out of the country. They had divorced in 2010 although they still owned...

Court Denies Preliminary Injunction Against Tenant in Ejectment Case Claiming Nuisance

October 25, 2024    

Landlord sued to eject rent-stabilized tenant and her son for breaching a prior settlement agreement and creating a nuisance. Landlord also sought money damages and a preliminary injunction restraining the defendants...

Landlord's Lease Nonrenewal Notice Sufficiently Stated Non-Primary Residence Claim

October 25, 2024    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant asked the court to dismiss the case, arguing that landlord's nonrenewal notice was insufficient. The court ruled for tenant....