NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord's Employee Was Rent-Stabilized Tenant

August 12, 2018    

Landlord sued to evict a building employee as a licensee who no longer had permission to live in two apartments that landlord claimed were exempt from rent stabilization. The court ruled against landlord, who...

Landlord Not Responsible for Unauthorized Work Done by Super

August 12, 2018    

An independent contractor who performed flooring work in tenant's apartment sued landlord for payment for the work and for actions by the building super, who assisted with the work. The court granted landlord...

Co-op Didn't Get Board Approval Before Seeking Eviction of Shareholder Tenant

August 11, 2018    

Landlord cooperative corporation sued to evict shareholder tenant for noncureable objectionable conduct. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord failed to...

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...