NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Claims Rent Concession Was Improper Preferential Rent in 421-a Building

June 26, 2024    

Tenant in a building receiving 421-a tax benefits sued landlord, claiming rent overcharge and violations of the Rent Stabilization Law. Tenant also sought to make the case a class action. The court denied landlord...

Trial Needed to Determine If Apartment Improperly Deregulated and Tenant Overcharged

June 26, 2024    

Tenants sued landlord in March 2019, claiming improper apartment deregulation and wilful rent overcharge. They moved into the apartment in 2017 under a non-regulated lease at $4,000 per month. DHCR rent registration...

Court Upholds HPD Ruling that Mitchell-Lama Tenant Didn't Use Apartment as Primary Residence

June 26, 2024    

Tenant filed an Article 78 court appeal of an HPD decision that tenant wasn't using her Mitchell-Lama apartment as her primary residence, and granting landlord a certificate of eviction. The court transferred the...

Deadline for Security Deposit Refund Notification to Tenants Was Tolled During Pandemic

June 26, 2024    

Former tenants sued landlord, seeking recovery of double the amount of their security deposit after they moved out. Tenants claimed that they gave landlord written notice of their vacatur on July 15, 2020, after...

Landlord Can't Claim Rent-Stabilized Tenant Is Mere Licensee

June 26, 2024    

Landlord sued to evict apartment occupant after serving a 10-day notice to quit, even though the occupant had moved into the apartment under a fully executed one-year rent-stabilized lease. Landlord claimed that...

Sons of Prior Co-Tenants Get Succession Rights

June 26, 2024    

Landlord sued to evict two apartment occupants who remained in the apartment after prior rent-stabilized tenants moved out. Landlord claimed that their license to remain in the apartment was now terminated. The...

Were Landlord and Laundry Room Operator Responsible for Tenant's Slip-and-Fall?

June 26, 2024    

Tenant sued landlord and its washing machine vendor for negligence after she was injured in a slip-and-fall in the building's laundry room. Tenant claimed that the accident was the result of a chronic...

Landlord Not Responsible for Attack on Tenant After Tenant Let Attacker In

June 26, 2024    

Tenant, who worked as a psychiatrist in his home office, was conducting a patient session when the cousin of his former domestic partner barged into his apartment and demanded certain financial documents required for...

DHCR Reasonably Ruled Elimination of Elevator Operators Would Reduce Required Services

June 26, 2024    

Landlord filed an Article 78 court appeal of a DHCR decision that denied permission to modify building-wide services for rent-regulated tenants in its building, by eliminating three elevator operators with shifts...

Garage Parking Was a Required, Ancillary Service to Rent-Regulated Tenants

June 25, 2024    

Landlord filed an Article 78 court appeal of a DHCR decision finding that garage parking at landlord's building was a required ancillary service under rent stabilization. Landlord claimed that the parking garage...

Court Grants Limited Discovery for Tenant Who Claims Breach of Warranty of Habitability

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord breached the warranty of habitability and asked the court for permission to conduct discovery. The court ruled for tenant in part,...

Eviction Case Against Occupants Dismissed for Failure to Name Tenant's Estate as Party

June 25, 2024    

Landlord sued to evict "John Doe" and "Jane Doe," who occupied tenant's apartment after tenant died. The occupants asked the court to dismiss the case because it hadn't named the tenant...