NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Doesn't Show Fraud by New Landlord in Building Purchase

December 23, 2018    

Tenant, who was the former building owner and who sold the building to current landlord, asked the court for an injunction to prevent her eviction from the building. The court ruled against tenant, who appealed and...

Tenant's Ex-Husband Gets Apartment

December 21, 2018    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights. He said he was the former spouse of the deceased tenant. The court ruled for occupant and dismissed the...

Tenant Wasn't Given Notice to Appoint New Counsel After Attorney Disbarred

December 21, 2018    

Landlord sued to evict tenant for creating a nuisance. During the course of the eviction proceeding, tenant's attorney was disbarred. This resulted in an automatic stay of the proceeding until 30 days after...

Landlord Can't Get Attorney's Fees for Eviction Case

December 21, 2018    

Landlord sued to evict tenant. After tenant's lease expired, landlord claimed that tenancy became month to month, and landlord sent a 30-day termination notice before starting the eviction proceeding. On the date...

Landlord Didn't Prove Tenant Sublet Apartment to Her Son

December 21, 2018    

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment without landlord's knowledge or consent. Tenant asked the court to dismiss the case, claiming that the apartment occupant in...

Landlord Must Give Tax ID Information to Tenant's Guardian

December 21, 2018    

Landlord sued to evict tenant for nonpayment of rent. The Jewish Association Serving the Aging (JASA), which was tenant's guardian under Mental Hygiene Law Article 81, signed a settlement agreement with landlord...

DHCR Correctly Found Overcharge Was Willful and Imposed Triple Damages

December 21, 2018    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant. Landlord filed an Article 78 appeal, and the court sent the case back to the DHCR for reconsideration. The DHCR appealed and won. The...

Legal Rent Limited to Lower Rent Offered by Receiver

December 21, 2018    

After an action was commenced to foreclose on landlord's building mortgage, a temporary receiver was appointed in 2010 to manage the building and collect rent from tenants. In 2012, the receiver signed a one-year...

Deceased Tenant's Wife, Who Wasn't Elderly, Couldn't Remain in HUD Section 202 Housing

November 27, 2018    

Landlord sued to evict the wife of deceased tenant in HUD-subsidized Section 202 housing. The housing project provided supportive housing for the elderly, aged 62 years or older. The wife moved into the apartment...

Landlord Can Evict Tenant's Granddaughter for Illegal Drug Activity

November 27, 2018    

Landlord sued to evict tenant and her granddaughter based on the granddaughter's illegal drug activities at the apartment. The trial court ruled for landlord. The granddaughter appealed and lost. Landlord...

Subtenant Becomes Rent-Stabilized Tenant Based on Illusory Tenancy

November 27, 2018    

Subtenant sued landlord, claiming that he was rent stabilized and that landlord overcharged him. He claimed that the apartment had an illusory prime tenant. The court ruled for tenant, finding that he was the...

Tenant Must Pay Damages to Former Roommate She Illegally Evicted

November 27, 2018    

Former roommate sued rent-stabilized tenant for breach of contract or warranty, and illegal eviction, seized property, and obstruction of mail. She sought $15,720 in damages. Tenant had locked roommate out of the...