NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Were IAIs Sufficient to Result in Vacancy Deregulation?

April 23, 2019    

Unregulated tenant sued landlord, claiming that he was rent stabilized and that his rent should be frozen at the legal regulated rent in effect when the apartment was last registered with the DHCR, and seeking...

Rent-Stabilized Tenant's Daughter Can't Get Apartment

April 23, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died in 2015. The daughter claimed succession rights to the apartment. The court ruled for landlord after trial. The daughter appealed and...

Did IAIs Raise Rent Above Deregulation Threshold?

April 23, 2019    

Vacancy-deregulated tenant sued landlord for rent overcharge and improper deregulation. The court ruled for tenant without a trial. Landlord appealed, and the case was reopened for further fact-finding. There were...

Settlement Tenant Signed Before Article 81 Guardian Appointed Is Vacated

April 23, 2019    

Landlord sued to evict tenant. The housing court appointed a guardian ad litem (GAL) to assist tenant, and tenant signed a settlement agreement with landlord in court. Later, an Article 81 guardian appointed for...

Settlement with DHCR Didn't Bar Landlord's Application to Modify Services

April 23, 2019    

Tenant filed an Article 78 court petition to annul the DHCR's agreement with landlords that settled a noncompliance proceeding concerning trash collection. The court ruled against tenant, who appealed and lost....

Default Method Used to Determine Rent Overcharge

April 23, 2019    

The DHCR commenced an administrative proceeding against landlord for rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge with triple damages. Landlord appealed, and the DHCR denied...

Tenant Didn't Prove Dog Was Emotional Support Animal

April 15, 2019    

Landlord sued to evict tenant for keeping a dog in her apartment, in violation of a no-pet clause in tenant's lease. Tenant claimed that the dog was an emotional support animal needed for her to enjoy her use of...

Tenant Obtains Loft Law Coverage from NYC Loft Board

March 19, 2019    

Tenant sought interim multiple dwelling (IMD) coverage from the NYC Loft Board. The Loft Board ruled for tenant. Landlord appealed and lost. The Loft Board reasonably found that tenant lived in a separate and...

NYCHA Must Reconsider Daughter's Succession Claim

March 17, 2019    

Landlord NYCHA tenant's daughter claimed succession rights to tenant's apartment after tenant died in 2013. NYCHA ruled against the daughter after a hearing, and the daughter filed an Article 78 court appeal...

Rent-Stabilized Tenant's Niece Can't Get Apartment

March 17, 2019    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was tenant's niece and that she was entitled to succession rights. The court ruled for landlord after a trial...

Rent-Controlled Tenant Created a Nuisance

March 17, 2019    

Landlord sued to evict rent-controlled tenant for creating a nuisance. Landlord claimed that tenant's conduct frightened other tenants. The trial court ruled for landlord, finding that tenant's conduct...

Occupant Assigned Apartment by Nonprofit Couldn't Claim Rent-Stabilized Status

March 17, 2019    

Subtenant sued rent-stabilized tenant and landlord, and asked the court to stop tenant from evicting subtenant. The court ruled against subtenant, who appealed and lost. Tenant was a not-for-profit organization that...