NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Fined $5,000 for Commencing Frivolous Eviction Proceeding Against Tenant

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent in the amount of $248 and obtained a default judgment against tenant. Tenant then asked the court to vacate the default judgment, dismiss the case, and sanction...

Tenant Presents No Proof Violation Wasn't Corrected After Landlord Certification

May 24, 2024    

Landlord sued tenant and tenant's guarantor for unpaid rent, use and occupancy, and attorney's fees. Tenant asked the court to dismiss the case. He claimed that there were rent-impairing violations. Landlord...

Landlord's Termination Notice Didn't Support Claimed Lease Violation

May 24, 2024    

Landlord sued to evict rent-stabilized tenant for allowing other people to live in the apartment's recreation room, in violation of tenant's lease. Tenant asked the court to dismiss the case, claiming that...

Trial Needed to Determine Legal Rent Applicable to Successor Tenant Under DHCR Agreement

May 24, 2024    

Landlord sued to evict family member successor tenant of rent-stabilized apartment for failure to sign a renewal lease. Tenant claimed that the offered rent amounts were incorrect. In 2005, the prior landlord had...

Landlord Can't Collect U&O While Ejectment Case Pending

May 24, 2024    

Prior landlord sued to eject tenant. New landlord later asked the court for permission to substitute into the case as the plaintiff, and also asked the court to direct tenant to pay past, present, and future use and...

Landlord Can Seek Lawful Rent Set Forth in Current Lease Where Last Registered Rent Is Lower

May 24, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that the rent amount demanded was more than the last registered rent. The court ruled against...

Appeals Court Upholds Dismissal of Tenants' Untimely Rent Overcharge Claim

May 24, 2024    

Landlord sued rent-stabilized tenants in State Supreme Court, seeking recovery of $59,000 in back rent now owed since tenants stopped paying rent in March 2020. Tenants responded with claims of rent overcharge. They...

Building's C of O Didn't Reflect Conversion to Class A Multiple Dwelling

May 24, 2024    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed back rent of $13,800. The court ruled for landlord based on tenant's default, but the parties agreed to reopen the case after tenant...

Appeals Court Upholds DHCR's Application of HSTPA to MCI Application Pending on June 14, 2019

May 24, 2024    

Landlord applied to the DHCR for MCI rent hikes. The DHCR ruled for landlord in part but denied portions of landlord's application. Landlord then filed an Article 78 court appeal, and the court annulled the DHCR...

Appeals Court Upholds DHCR's Dismissal of Tenant's Rent Overcharge Complaint

May 24, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DHCR ruled against tenant, who filed an Article 78 court appeal and lost. The court and appeals court didn't find that the DHCR's ruling...

Appeals Court Upholds DHCR's Denial of Landlord's Demolition Application

May 24, 2024    

Landlord asked the DHCR for permission to demolish a building containing rent-stabilized apartments. The DHCR ruled against landlord, finding that the owner hadn't submitted a firm commitment letter from a...

Tenant Not Limited by FMRA Considerations for Rent History Review

May 23, 2024    

A deregulated, market-rent tenant sued landlord claiming that the unit was unlawfully deregulated after the prior rent-controlled tenant vacated. Landlord asked the court to dismiss the case and presented leases and...