NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Apartment Improperly Deregulated Based on Landlord's Fraud

May 26, 2018    

Tenant sued landlord for rent overcharge and improper deregulation of a rent-stabilized apartment. Landlord asked the court to dismiss the complaint because the first claimed overcharge occurred more than four years...

Mitchell-Lama Tenant's Sister Can't Get Apartment

May 26, 2018    

Mitchell-Lama tenant's sister sought succession rights after tenant moved out. HPD ruled against the sister, who then filed an Article 78 court appeal. The sister claimed that HPD's decision was unreasonable...

Tenant Restored to Possession After Completing Back Rent Payments

May 26, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant was later evicted for defaulting under the terms of that agreement. The court then granted...

Deceased Tenant's Stepdaughter Gets Rent-Stabilized Apartment

May 26, 2018    

The stepdaughter of deceased rent-stabilized tenant sued her stepmother, claiming that she had succession rights to tenant's apartment. The stepmother was still living in the apartment and claimed that...

Court Excuses Tenant's Delay in Signing Renewal Lease

May 26, 2018    

Landlord sued to evict rent-stabilized tenant for failing to renew his lease. The court ruled for landlord. Tenant then asked the court to permanently stop execution on the eviction warrant because tenant had now...

One Incident Where Roommate Attacked Security Guard Didn't Create Nuisance

May 26, 2018    

Landlord sued to evict rent-stabilized tenant for creating or permitting a nuisance, based on actions of tenant's roommate. Tenant asked the court to dismiss the case, arguing that the actions alleged didn't...

Vacancy Deregulation Applied to New Tenant with Legal Rent Over $2,000 in 2005

May 22, 2018    

Tenant sued landlord, claiming that he was improperly deregulated in 2005. Although landlord legally collected a vacancy increase from tenant that put his rent over $2,000 per month, tenant claimed that he remained...

HPD Improperly Issued Certificate of Eviction Against Mitchell-Lama Tenant

April 22, 2018    

Landlord of Mitchell-Lama building applied to HPD for a certificate of eviction against tenant. HPD scheduled a hearing in January 2015. Tenant failed to appear, and the hearing was adjourned. When tenant again...

Hotel Tenant in Occupancy at Least Six Months Is Rent Stabilized

April 22, 2018    

Landlord sued to evict tenant, claiming that she was unregulated. Tenant claimed that she was a hotel-stabilized permanent tenant under Rent Stabilization Code Section 2520.6(j). The court ruled for tenant and...

Nontraditional Family Member Gets Rent-Stabilized Tenant's Apartment

April 22, 2018    

Landlord sued to evict apartment occupant after rent-stabilized tenant died in 2011. Occupant claimed succession rights. The trial court ruled for landlord, finding that occupant didn't establish that she was a...

Landlord Can't Prove How Apartment Became Deregulated

April 22, 2018    

Landlord sued to evict tenant for nonpayment of rent and claimed that tenant was unregulated. Tenant claimed that the apartment was improperly vacancy deregulated and asked the court to dismiss the case because the...

Tenant Moved in While Rent Reduction Order Was in Effect

April 22, 2018    

Landlord sued to evict unregulated tenant for nonpayment of rent in March 2016. Tenant claimed that he was rent stabilized and had been overcharged. The court denied tenant's request to dismiss the case. Tenant...