NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

No Retaliatory Eviction Found Against Month-to-Month Tenant

May 29, 2018    

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant claimed that the eviction action was retaliatory and that the building was an interim multiple dwelling (IMD) subject to...

Landlord Not Responsible for Tenant's Fall on Wet Step

May 29, 2018    

Tenant sued landlord for negligence after slipping and falling on a step at the building. The court granted landlord's request to dismiss the case without trial. Tenant appealed and lost. Landlord neither created...

Tenant Claims Excessive Apartment Heat Outside Heating Season

May 29, 2018    

Tenant brought an HP proceeding against landlord in housing court, claiming there was excessive heat in her apartment. HPD's inspector visited the apartment in September 2016 and found no violation. The court...

Landlord Can't Get Attorney's Fees for Settled Case

May 27, 2018    

Landlord sued to evict tenant for failing to keep his apartment in good condition and in compliance with fire codes because the apartment had become unsanitary and cluttered. At some point while the case was pending...

Corporate Tenant Wasn't Improperly Deregulated

May 27, 2018    

Rent-stabilized tenant moved into an apartment in 1975. In 1996, landlord agreed to combine tenant's apartment with a vacant next-door apartment at tenant's expense and gave tenant a deregulated lease for the...

Landlord Can Terminate Co-op Tenant's Rental of Parking Space

May 27, 2018    

Landlord cooperative corporation sued to evict co-op shareholder tenant from a parking space that tenant rented from landlord on a month-to-month basis, after sending tenant a 30-day termination notice. Tenant...

Landlord Made Improper Back Rent Demand

May 27, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court to dismiss the case. The court ruled for tenant in part. The DHCR had issued a rent reduction...

LINC Program Lease Riders for Rent-Stabilized Renewal Increases Violated Urstadt Law

May 27, 2018    

Two prospective tenants sued landlord of Mitchell-Lama complex, claiming source-of-income discrimination. Tenants were employed but lived in NYC homeless shelters. Tenants participated in NYC's Living in...

No Attorney's Fees for Tenant Who Admitted Maintenance Payment Default

May 26, 2018    

Landlord cooperative corporation sued to evict proprietary lessee tenant for nonpayment of maintenance fees. The case was dismissed because tenant paid the fees due while the case was pending. Tenant then asked for...

Court Must Re-examine Whether Building Was Substantially Rehabilitated

May 26, 2018    

Landlord sued to evict tenants, claiming that their building was exempt from rent stabilization due to substantial rehabilitation of the building after Jan. 1, 1974. The court ruled for landlord without a trial....

Landlord Didn't Produce Records in Pre-Trial Questioning

May 26, 2018    

Tenant sued landlord for negligence after he was shot by intruders who gained access to the building's common areas. Tenant claimed that landlord failed to maintain the building's entrances and to properly...

DHCR Reasonably Set Base Date Rent Using Comparables

May 26, 2018    

Tenant complained of rent overcharge and improper deregulation of a rent-stabilized apartment. The DHCR ruled for tenant and used a sampling method to determine the legal regulated rent based on the average...