NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Co-op Can Evict Shareholder Tenant Due to Cluttered Apartment

June 24, 2019    

Landlord cooperative corporation sued to evict shareholder tenant based on tenant's apartment conditions. At trial landlord showed through the property manager's testimony that trash and boxes were piled to...

Is Landlord Responsible for Tenant's Slip-and-Fall on Icy Steps?

June 24, 2019    

Tenant of two-family house sued landlord to recover damages for injuries after slipping and falling on ice on the exterior front steps of his house. The court granted landlord's request to dismiss the case...

Neither Landlord Nor Tenant Responsible for Tenant's Dog Bite

June 24, 2019    

Plaintiff sued tenant and owner of apartment where tenant lived after tenant's dog bit her. The court granted requests by both landlord and tenant to dismiss the case. The plaintiff appealed and lost. Neither...

HPD Reasonably Ruled that Housing Applicant Was Over-Income

June 24, 2019    

HPD denied the application of prospective tenant for middle-income housing after finding that tenant had excessive household income and therefore didn't qualify. Tenant filed an Article 78 court appeal of HPD...

Landlord Not Responsible for Dog Bite by Tenant's Dog

June 24, 2019    

Plaintiff sued landlord for damages from injuries she received when she was bitten by a dog owned by tenants in a house owned by landlord. She also claimed that landlord was negligent. The court denied landlord's...

Tenant Cured Lease Violation by Getting Rid of Two Pit Bulls

June 20, 2019    

Landlord sued to evict tenant for keeping pit bull dogs in her apartment without landlord's permission. The court ruled for landlord based on tenant's failure to appear in court. The court later denied tenant...

Illegal Sublet Claim Dismissed

June 20, 2019    

Landlord sued to evict rent-stabilized tenant for unlawfully subletting his apartment without landlord's permission. Tenant asked the court to dismiss the case. Landlord claimed that tenant had failed to comply...

Building Was Rent Stabilized Due to Sixth Apartment in Basement

June 20, 2019    

Landlord sued to evict tenant. Landlord claimed that tenant was unregulated because the building contained fewer than six apartment units. Tenant argued that the building contained six apartments, including one in...

Acceptance of Lease Renewal Offer by Tenant Waived Prior Lease Nonrenewal Notice

June 20, 2019    

Landlord sued to evict rent-stabilized tenant in order to recover apartment for owner occupancy. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord had offered tenant a...

When Did Tenant Who Died in Nursing Home Permanently Vacate Apartment?

June 20, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. Tenant's daughter moved into the apartment in 1988. Tenant was hospitalized in June 2007, then moved into a nursing home where she...

Rent Abatement of 85 Percent Reduced Substantially by Appeals Court

June 17, 2019    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord in part but gave tenant an 85 percent rent abatement for the 19-month period in dispute. Landlord appealed and won, in part....

Landlord Can't Evict Tenant for Unauthorized Alterations That Were Curable

June 17, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by making incurable illegal alterations to the apartment. The trial court ruled against landlord, finding that it failed to prove that the...