NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Elevator Service Company Not Responsible for Tenant's Injuries

June 24, 2018    

Tenant sued elevator service company after she was injured when her building elevator closed unexpectedly on her. The court granted the elevator company's request to dismiss the case without a trial. Tenant...

Occupant Can't Get Pre-Trial Questioning of Landlord in Succession Case

June 24, 2018    

Landlord sued to evict apartment occupant after rent-controlled tenant died. The occupant claimed succession rights. The court granted landlord's request to conduct pretrial questioning of the occupant but denied...

HPD Properly Terminated Building's Tenant Interim Lease Program

June 23, 2018    

Tenant association entered into a tenant interim lease (TIL) program agreement with HPD in 2003. The program allowed tenants to form a low-income housing cooperative and eventually become homeowners provided that...

Tenant Violated Agreement to Keep Her Son Out of Apartment

June 23, 2018    

In 2007, NYCHA charged tenant with nondesirability based on its claim that tenant's son possessed and sold crack cocaine at or near the building complex grounds. Tenant signed a settlement agreement with landlord...