NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

NYC Water Board's 2017 Rate Increase and One-Time Credit Upheld

January 16, 2018    

Landlords sued the NYC Water Board after the Board approved a one-time $183 credit for owners of one-, two-, and three-family dwellings. At the same time, the Board increased charges in 2017 for owners of apartment,...

Landlord Claims Tenant Gutted and Demolished Bathroom

January 16, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance and violating Rent Stabilization Code Section 2524.3(b) by making unauthorized alterations that damaged the apartment. The court ruled for...

Former Rent-Controlled Apartment Was Vacancy Deregulated

January 16, 2018    

Tenant complained of rent overcharge. Landlord claimed that the apartment had been deregulated. The DHCR ruled for tenant, and landlord filed an Article 78 court appeal. The court ruled against landlord and found...

One Attempt by DOB to Personally Deliver Violation Notices Was Sufficient

December 20, 2017    

Landlord filed an Article 78 court appeal of ECB's decision to uphold seven violation notices issued by DOB. Landlord claimed that the violation notices weren't properly delivered. The court ruled against...

Termination of Tenant's Subsidy Is Excessive Penalty

December 17, 2017    

Tenant filed an Article 78 appeal of the decision by New Rochelle's Section 8 Housing Choice Voucher Program to terminate his participation in the federal housing subsidy program. The program terminated tenant...

Building Converted from Six to Four Apartments Remained Rent Stabilized

December 17, 2017    

Landlord sued to evict tenant, claiming that tenant was unregulated because the building had fewer than six apartments. Tenant claimed that he was rent stabilized because the building was built before 1974 and had...

Landlord Not Responsible for Shooting Outside Building

December 17, 2017    

A man standing on the sidewalk outside a bar on the ground floor of landlord's building sued landlord and the bar, claiming that they were responsible for his injuries after he was shot in the foot by another...

Notice to Cure Sufficiently Stated Grounds for Illegal Sublet Claim

December 17, 2017    

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court granted tenant's request to dismiss the case. Landlord appealed, and the case was reopened. Landlord's notice to cure reasonably...

Landlord Not Responsible for Injury Caused by Window that Slammed Shut

December 17, 2017    

Tenant's son sued landlord for negligence in inspecting, maintaining, and repairing an apartment window. He claimed that the window slammed shut almost immediately after he had opened it, severing the tip of his...

Court Restores Evicted Tenant to Possession of Apartment

December 17, 2017    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default, and tenant was evicted. Tenant later asked to be restored to possession. The court ruled for tenant....

Rent-Controlled Tenant's Children Get Succession Rights

December 17, 2017    

Landlord sued to evict rent-controlled tenant's adult children after tenant surrendered possession of the apartment in October 2015. The children claimed succession rights. The court ruled for tenant's...

Is Apartment Rent-Stabilized Tenant's Primary Residence?

December 17, 2017    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed, and the court reopened the case and sent it back for a new trial. The trial court...