NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Never Appealed DHCR Rent Overcharge Decision Naming Incorrect Owner

August 11, 2018    

Former rent-stabilized tenant sued building owner and asked the court to correct a 2008 DHCR rent administrator's order. In 2008, the DRA ruled that JPR Zito was the building owner and must refund rent...

Was Occupant Improperly Locked Out of Transitional Housing Program?

August 11, 2018    

Occupant of federally funded transitional housing program for formerly homeless individuals sued operator, claiming that he was unlawfully excluded based on claimed disruptive behavior. The court ruled for occupant...

Landlord Can Evict Co-op Shareholder Tenant for Unsafe Apartment Renovations

August 11, 2018    

Landlord sued to evict cooperative shareholder tenant for making unauthorized apartment renovations. Landlord and tenant signed a settlement agreement by which tenant agreed to hire a licensed and insured plumber,...

DHCR Accepts Checks That Supported Rent Increases for IAIs

August 11, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed, and the DHCR found that the DRA had improperly disregarded certain cancelled checks that proved individual apartment...

Landlord Must Produce Rent History Documents

July 27, 2018    

Tenant sued landlord, claiming rent overcharge, improper deregulation of a rent-stabilized apartment, and fraud. Landlord, in turn, claimed nonpayment of rent. Tenant asked the court to dismiss landlord's...

Co-op Tenant Claims Breach of Fiduciary Duty Based on Bedbug Infestation

July 27, 2018    

Cooperative shareholder tenant sued landlord co-op corporation and co-op board members, claiming that they breached their fiduciary duty after tenant had a bedbug infestation in his apartment. Tenant claimed that the...

Co-op Subtenant Gets 60 Percent Rent Abatement

July 23, 2018    

Tenant shareholder in a co-op building sued to evict subtenant for nonpayment of rent. Subtenant claimed breach of the warranty of habitability. The trial court ruled against tenant, gave subtenant a 100 percent rent...

Tenant Apportioned Income of Husband in Nursing Home

July 23, 2018    

Landlord applied in 2006 for high-rent/high-income deregulation of tenant's rent-controlled apartment. The DHCR ruled against landlord. Tenant had apportioned the income reported on joint tax returns filed by her...

Landlord Can Evict Nassau County Tenant for Short-Term Rentals

July 23, 2018    

Landlord sued to evict rent-stabilized tenant for subletting his apartment on a short-term basis in violation of ETPA Section 2507.7 and RPL Section 226-b. Landlord also claimed that the short-term rental utilized...

Tenant's Guest Shattered Glass Door

July 23, 2018    

Landlord sued to evict tenant because tenant's guest committed a nuisance. The guest had kicked a glass door out of frustration and broke the glass, causing damage to the property. Tenant asked the court to...

Landlord Discriminated Against Disabled Tenant

July 23, 2018    

Landlord cooperative corporation sued to evict tenant for creating a nuisance. While that case was pending in housing court, tenant filed a complaint with the New York State Division of Human Rights (DHR) claiming...

Subtenant Didn't Prove Illusory Tenancy and Isn't Rent Stabilized

July 22, 2018    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. The court ruled for landlord. Subtenant appealed and lost. Subtenant claimed illusory prime tenancy and that, therefore, he should get a rent...