NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Permanent Tenant's Brother Gets Apartment

October 22, 2018    

Landlord sued to evict a hotel-stabilized tenant for nonprimary residence. Tenant's brother claimed succession rights. The trial court ruled against landlord and dismissed the case, finding that the occupant was...

Tenant Claims Attorney Wasn't Authorized to Sign Settlement Agreement

October 22, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the agreement and judgment of possession in landlord's...

Landlord and Tenant Signed Two Leases at Different Rent Amounts

October 8, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court dismissed the case after trial. Landlord and tenant signed one lease listing a higher rent, then signed a second lease with a lower rent...

Tenant Claims Injury by Mold in Her Apartment

October 8, 2018    

Tenant sued landlord, claiming personal injuries due to exposure to toxic mold and fungi in her apartment. Tenant claimed lost wages but failed to produce her employment records for the prior eight years. The court...

Rent Overcharge Must Be Calculated Using Default Method

October 8, 2018    

Tenant sued landlord, claiming rent overcharge and fraud because his apartment was improperly deregulated while the building received J-51 tax benefits. The court ruled for tenant, finding that landlord engaged in a...

Grandson Can't Get NYCHA Tenant's Apartment

October 8, 2018    

NYCHA tenant's grandson claimed succession rights to tenant's apartment after she died in 2013. NYCHA ruled against the grandson, who filed an Article 78 court appeal and claimed that NYCHA's decision was...

Rent-Stabilized Tenant's Former Life Partner Gets Apartment

October 8, 2018    

Landlord sued to evict rent-stabilized tenant and immediate family members based on tenant's nonprimary residence. In response, an apartment occupant claimed succession rights. The court ruled for the occupant...

Building Substantially Rehabbed in 1984 Was Exempt from Rent Stabilization

September 20, 2018    

Landlord asked the DHCR to rule on whether its building was exempt from rent stabilization due to substantial rehabilitation performed after Jan. 1, 1974. The DRA ruled for landlord and noted that, since the building...

Tenant May Need Guardian ad Litem

September 20, 2018    

Landlord NYCHA sued to evict tenant for failing, neglecting, or refusing to furnish complete income verification information. Landlord said that tenant failed to appear at an administrative hearing after being given...

Co-op Reasonably Withheld Consent to Shareholder Tenant's Request

September 20, 2018    

Cooperative shareholder tenant sued landlord co-op corporation for breach of contract, claiming that the co-op unreasonably withheld consent to tenant's proposed unit alterations. The court granted the co-op'...

DHCR Must Apply Four-Year Rule to Overcharge Claim Where No Fraud Was Found

September 20, 2018    

Tenant filed a complaint of rent overcharge, claiming that his apartment had been improperly deregulated. The DHCR ruled for tenant and found no fraud or willful rent overcharge. The apartment was rent stabilized,...

Landlord Can't Evict Tenant for Not Renewing His Section 8 Voucher

September 20, 2018    

Landlord sued to evict tenant, who previously had received a Section 8 Housing Choice Voucher, and claimed that tenant breached his lease by failing to return his annual recertification package HPD. This resulted in...