NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord's Notices Reasonably Described Grounds for Nuisance Claim

November 27, 2018    

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated the building's no-pet policy, failed to provide access for repairs, and created a nuisance. Tenant asked the court to dismiss the case...

Trial Court Must Determine If Building Was Substantially Rehabbed

November 27, 2018    

Landlord sued to evict tenant, claiming that tenant was unregulated because the building had been substantially rehabilitated in the mid-1980s. The court ruled for landlord without a trial. Tenant appealed, and the...

Tenant's Alleged Failure to Provide Access for Repairs Didn't Amount to Nuisance

November 27, 2018    

Landlord sued to evict rent-stabilized supportive housing tenant. Landlord claimed that tenant created a nuisance by failing to provide access for repairs on a number of occasions during an 11-month period. Landlord...

Landlord Responsible for Tenant's Property Damage Due to Radiator Leak

November 27, 2018    

Tenant sued landlord in small claims court after property damage resulted from a leaking radiator in tenant's apartment. The court ruled for tenant and awarded her $3,800. Landlord appealed and lost. Landlord was...

Landlord Misled Tenant in Buyout Negotiation

November 27, 2018    

Landlord sued to evict rent-stabilized tenant after tenant broke an agreement to move out in exchange for $20,000. In response, tenant claimed harassment by landlord. The court dismissed the case and imposed a civil...

Rent-Controlled Tenant's Nephew Claims Succession Rights

November 17, 2018    

Landlord sued to evict apartment occupant after rent-controlled tenant moved out. The court granted tenant's request to dismiss the case, finding that landlord's notice to quit was insufficient and that...

Landlord Doesn't Prove Tenant Created Nuisance

November 17, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance and failing to sign a renewal lease. The court ruled for landlord in part. The court found no nuisance but that tenant had failed to renew his...

Landlord Not Responsible for Attack on Tenant in Building Lobby

November 17, 2018    

Tenant, who was attacked in the building vestibule, sued landlord for negligence based on failing to provide adequate security at the building. The court granted landlord's request to dismiss the case without a...

Is Landlord Liable for Attack on Tenant in Gated Alleyway?

November 17, 2018    

Tenant sued landlord after she was assaulted in a gated alleyway by her apartment building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled...

Co-op, Not Shareholder, Responsible for Unit's Lead Paint Condition

November 17, 2018    

Tenant sued building landlord, which was a cooperative corporation, claiming that her child was injured by ingesting paint chips in the apartment that contained lead. Landlord asked the court to join the estate of...

Tenant Not Entitled to Loft Law Coverage

November 17, 2018    

Tenants applied to the NYC Loft Board for loft law coverage under Multiple Dwelling Law Article 7-C, the interim multiple dwelling law. The Loft Board ruled against tenants, who filed an Article 78 court appeal and...

Landlord Can Replace Lobby Attendants with Video Surveillance System

November 17, 2018    

Landlord asked the DHCR for permission to replace part-time lobby attendants with a video surveillance system. The DHCR ruled for landlord. Tenants appealed, and the court sent the case back to the DHCR for...