NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Whose Initial Rent in 2003 Was Over $2,000 Was Deregulated

July 22, 2018    

Landlord sued to evict deregulated tenant, who claimed that he was rent stabilized. The court ruled for tenant and dismissed the case based on the Appellate Division's  decision in Altman v. 285 W....

Triple Damages Applied to Rent Overcharge Determination

July 22, 2018    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and froze her base date rent based on a pre-base date rent reduction order that was still in effect. The DHCR also ordered landlord to...

Tenant Who Assaulted Building Doorman Can Be Evicted for Nuisance

July 22, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord and tenant signed a settlement agreement putting tenant on probation for some period. During that period, tenant agreed not to resume...

Vacancy-Deregulated Apartment Wasn't Subject to Rent Stabilization

July 22, 2018    

Tenant complained of rent overcharge and claimed that landlord improperly deregulated his apartment. The DHCR ruled against tenant, who then filed an Article 78 court appeal, claiming that the DHCR's decision was...

Application of Legal Rent Increases Proves Apartment Was Deregulated

July 22, 2018    

Landlord sued to evict vacancy-deregulated tenant. Tenant claimed rent overcharge. The court denied landlord's request to decide the case in its favor without a trial, based on rent history records. The court...

Co-op Tenant Must Remove Washing Machine Barred by House Rule

July 22, 2018    

Landlord cooperative corporation sued to evict shareholder tenant for installing a washing machine in her unit in 2017 in violation of the building's house rules. Tenant pointed out that landlord had allowed her...

Landlord Can Evict Tenant Who Conducted Short-Term Rentals

July 22, 2018    

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tenant's Brother Became Permanent Tenant Entitled to Rent-Stabilized Status

July 22, 2018    

Landlord sued to evict tenant for nonprimary residence, along with her brother, who occupied the unit and who claimed himself to be a permanent hotel-stabilized tenant under Rent Stabilization Code Section 2520.6(j...

Tenant Used Mitchell-Lama Apartment for Prostitution

July 22, 2018    

Landlord sued to evict Mitchell-Lama tenant for illegal use of his apartment in violation of Real Property Actions and Proceedings Law Section 711(5) and Real Property Law Section 231(1). The court ruled for landlord...

Apartment Was Properly Identified in Court Papers

June 26, 2018    

Landlord sued to evict tenant from cooperative apartment. The court granted tenant's request to dismiss the case, finding that the apartment wasn't properly identified in the court papers. Landlord appealed...

Tenant's Brother Didn't Prove He Was Illegally Locked Out After Tenant Died

June 26, 2018    

Brother of rent-stabilized tenant, who died in December 2017, sued landlord, claiming illegal lockout. The court granted landlord's request to dismiss the case. The brother claimed that he had lived with...

Tenant Presented No Basis for Restoration to Possession

June 24, 2018    

Tenant asked the housing court to be restored to possession of his apartment seven months after the eviction. The court ruled against tenant, who appealed and lost. The court petition papers were properly served by...