NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Unit Formerly Covered by Loft Law Was Rent Stabilized

September 20, 2018    

Tenant sued landlord, claiming that his loft unit was rent stabilized. The unit was located in a deregulated Interim Multiple Dwelling (IMD). The original Loft Law tenant had previously assigned his lease and...

Attorney's Fees Awarded to Landlord in the Amount of $550 per Hour

September 19, 2018    

Landlord sued to evict tenant for performing illegal alterations in his apartment. The court ruled for landlord and awarded a judgment of possession. Landlord then sought attorneys' fees in the amount of $650 per...

Landlord Not Responsible for Wet Condition of Staircase

September 18, 2018    

Pedestrian sued landlord NYCHA after she slipped and fell on urine in a staircase located on the property. Landlord asked the court to dismiss the case because it didn't have notice of the claimed condition. The...

Rent Stabilization Coverage Was Preempted by HUD Regulation

September 18, 2018    

Tenant association at apartment building for low- and moderate-income families sued landlord, claiming that the building was subject to rent stabilization. The court ruled for tenants. Landlord appealed and won, in...

No Review of Pre-Base Date Rent History Permitted Where Court Found No Fraud

September 18, 2018    

Tenants sued landlord for rent overcharges, claiming that their apartments had been improperly deregulated while the building received J-51 tax benefits. Before tenants sued, landlord had made some adjustment to...

Tenant Must Pay for Water Damage Caused by Washing Machine

August 24, 2018    

Landlord sued former tenant in small claims court to recover $4,350, representing back rent, the cost of repairs needed when tenant's washing machine had caused water damage to landlord's apartment below, and...

Landlord Charged Tenant Excessive Late Fees

August 24, 2018    

Landlord sued to evict tenant, claiming that tenant owed back rent and related charges. The court ruled for tenant, who appealed and won in part. Since tenant's lease didn't deem late fees, utility charges,...

Corporate Tenant Used Rent-Stabilized Apartment for Different Directors Over Time

August 13, 2018    

Landlord sued to evict corporate tenant from rent-stabilized apartment based on nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Landlord initially leased the apartment to corporate...

Cortland City's Zoning Restriction Against Rentals to Unrelated Groups of People Upheld

August 13, 2018    

Landlords of residential properties in Cortland, N.Y., who rented properties primarily to groups of college students, sued the city in 2010. They claimed that a local ordinance requiring landlords to obtain rental...

Tenant Not Entitled to Refund of Rent Paid While Building Violated Permit Rules

August 12, 2018    

Former tenant sued landlord in small claims court to recover $300 security deposit along with $1,200 paid for eight weeks' rent. Landlord in turn claimed that tenant owed $2,680 in back rent and cable TV bills,...

Renewal Lease Offer During Pending Eviction Case Didn't Revoke Court Action

August 12, 2018    

Landlord sued to evict rent-stabilized tenants for illegally subletting their apartment, for permitting overcrowding in violation of the lease, and for causing a need for repairs to the apartment. Tenants asked the...

Tenant Didn't Prove Her Son Needed a Guardian Ad Litem During Trial

August 12, 2018    

Landlord sued to evict tenant and her adult son for creating a nuisance in their apartment. After trial, the court ruled for landlord and issued an eviction warrant. But since only the tenant's son engaged in...