NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Residency Agreement for Occupant in Rehab Program Wasn't a Lease

April 22, 2018    

Tenant, a community service provider, sued to evict occupant it claimed was a subtenant, for nonpayment of rent. After trial, the court ruled against tenant. The apartment occupant was a licensee, not a tenant, and...

Tenants Don't Qualify for Class Action

April 22, 2018    

Tenants sued landlords of four buildings that received J-51 tax benefits and sought to make the case a class action. Tenants claimed that landlords inflated rents beyond legal rents, failed to give tenants rent-...

Tenant in Low-Income Housing Program Didn't Recertify Income

April 21, 2018    

Landlord sued to evict rent-stabilized tenant, who was also subject to the Low-Income Housing Tax Credit (LIHTC) Program, for failing to recertify her household income as required by Section 42 of the program and in...

Building Has More Units Than Approved on C of O

April 21, 2018    

Landlord sued to evict several building tenants for nonpayment of rent. Tenants claimed that the building was unlawfully occupied, in violation of Multiple Dwelling Law Section 302, and asked the court to dismiss the...

Landlord Properly Evicted Tenant for Default Under Court Agreement

April 21, 2018    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later obtained eviction based on tenant's default. The court then granted tenant...

Landlord Who Lost Eviction Case Must Pay Damages to Tenant

April 21, 2018    

Landlord sued to evict rent-stabilized tenant of five contiguous SRO units. The court ruled against landlord and ordered landlord to pay tenant damages totalling $250,000. Landlord appealed and lost. Prior landlord...

Landlord's Eviction Case Against Unregulated Tenant Wasn't Retaliatory

April 21, 2018    

Landlord sued to evict unregulated tenant after tenant's lease expired and tenant had remained as a month-to-month tenant. Tenant claimed retaliatory eviction. The court ruled for landlord and found that,...

Landlord Didn't Correctly Itemize Claimed Damage by Tenant

April 21, 2018    

Landlord sued former tenant in small claims court for the cost of replacing damaged carpet in the apartment after tenant moved out. The court ruled for landlord and awarded him $1,150. Tenant appealed and won. In a...

Rent-Controlled Tenant's Daughter Gets Apartment

April 21, 2018    

Landlord sued to evict former rent-controlled tenant's daughter after tenant died. The daughter claimed succession rights. The court ruled for the daughter. Landlord appealed and lost. The daughter produced...

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

April 21, 2018    

Deceased tenant's grandson claimed succession rights to Mitchell-Lama apartment. Landlord and HPD denied the grandson's request. Grandson filed an Article 78 court appeal and lost. The court found that HPD...

421-A Building with Fewer Than Six Apartments Is Rent Stabilized

March 27, 2018    

Landlord sued to evict tenant of three-family dwelling, claiming that tenant was unregulated because tenant moved in after June 1974. Tenant claimed that she was rent stabilized. The court ruled for tenant and...

Supportive Living Facility Properly Denied Entry to Occupant

March 27, 2018    

Occupant sued program operator, claiming unlawful entry and detainer, after the operator denied him entry to a room he shared in a supportive living facility for people with substance abuse problems. The court ruled...