NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

College Not Responsible for Student Deaths in Off-Campus Housing

March 15, 2019    

Estate administrators of student-tenants sued landlord and Marist College for negligence after students were killed in a house fire. The college argued that it wasn't responsible for the students' deaths and...

Landlord Improperly Sought Higher Rent While Rent Reduction Order in Effect

February 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord and dismissed the case. There was a DHCR rent reduction order in effect that froze tenant's legal rent at $278 per month. The...

Landlord Must Pay $2,000 to HPD for Harassing Tenant

February 27, 2019    

Landlord sued to evict rent-stabilized tenant for refusing to renew her expired lease. Almost immediately after a trial started, landlord asked to discontinue the case because it couldn't make out all the...

Landlord's Rent Demand Was Fatally Defective

February 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand didn't provide a good faith estimate of the rent actually owed. The court agreed and dismissed the case....

Commercial Tenant Responsible for Clearing Snow

February 27, 2019    

Upstairs tenant sued landlord for injuries after slipping and falling on a snowy or icy condition on an outside staircase and breaking her ankle. After that case was resolved, landlord sued basement commercial tenant...

Tenant Didn't Submit Proper Record to Appeals Court

February 27, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant appealed and lost. The appeals court dismissed the case because tenant failed to assemble a proper record on appeal, which should have...

Mitchell-Lama Tenant's Family Member Can't Get Apartment

February 27, 2019    

Mitchell-Lama tenant's family member sought succession rights to tenant's apartment after tenant died. HPD ruled against tenant's family member, who then filed an Article 78 court appeal, claiming that...

NYCHA Tenant's Son Can't Get Apartment

February 27, 2019    

Landlord NYCHA tenant's son filed a grievance with NYCHA after tenant moved out, claiming succession rights to tenant's apartment. NYCHA ruled against tenant's son, who filed an Article 78 court appeal...

Court Can't Amend Judgment to Add Money Award to Landlord

February 27, 2019    

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court that called for a judgment of possession in landlord's favor. Landlord later asked the court to amend the judgment to...

Can FNMA Evict Tenants from Co-op Apartment?

February 27, 2019    

The Federal National Mortgage Association (FNMA) sued to evict tenants from a co-op apartment. FNMA was the assignee of a successful bidder in a nonjudicial foreclosure sale of the building, and it claimed that it...

Court Vacates Settlement Agreement for Tenant Who Had No Attorney

February 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. Landlord obtained a judgment and eviction warrant based on tenant's default. The day after eviction, tenant asked the court to vacate the judgment and warrant...

Landlord Can Evict Tenant Based on Chronic Nonpayment of Rent

February 21, 2019    

Landlord sued to evict rent-stabilized tenant for substantially breaching his lease and/or creating a nuisance by continuously failing to pay his rent on time. Landlord claimed that it had to commence seven...