NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Improperly Deregulated and Overcharged Tenant of Hotel-Stabilized Apartment

March 14, 2018    

Tenant sued landlord, claiming rent overcharge and that his hotel-stabilized apartment had been improperly deregulated. Tenant moved into the apartment in 2012 and paid $3,600 per month under an unregulated lease....

Tenant Can't Prove Nine-Month Absence from Apartment Was for Medical Reasons

March 14, 2018    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost, then appealed to a higher court that again ruled against tenant. The trial...

DHCR Disallowed Rent Increase for IAIs After Inspection

March 14, 2018    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and awarded triple damages. Landlord then filed an Article 78 court appeal. The court ruled against landlord, who appealed and lost. The...

Tenant Claims Defective Kitchen Cabinet Fell Off Wall, Causing Injury

March 14, 2018    

Tenant sued landlord for negligence after she was injured by a kitchen cabinet that fell off the wall. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and...

Tenant's Jailed Son Can't Get Rent-Stabilized SRO Apartment

March 14, 2018    

Landlord sued to evict rent-stabilized SRO tenant's son after tenant died, claiming that the son was a licensee. The son claimed succession rights to the apartment. The court ruled for landlord, finding that the...

Tenant's Rent-Stabilized Status Didn't Transfer When She Moved

February 15, 2018    

(Decision submitted by Craig M. Notte of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tenant's Brother Gets Rent-Controlled Apartment

February 14, 2018    

After the housing court dismissed an eviction proceeding against tenant and her brother on procedural grounds, rent-controlled tenant's brother applied to the DHCR for succession rights to tenant's apartment...

Tenant Showed Good Excuse for Missed Court Date

February 14, 2018    

Landlord sued to evict rent-stabilized Section 8 tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant then asked the court to vacate the judgment and...

Landlord Can't Prove Tenant or Her Son Sold Drugs from Apartment

February 14, 2018    

Landlord sued to evict tenant for using her apartment to facilitate drug trade and for creating a nuisance. The court ruled against landlord after a trial. Landlord appealed and lost. There was no claim or proof...

Landlord Doesn't Have to Refund Security Deposit

February 14, 2018    

Former tenant sued landlord for return of his security deposit after he moved out of an apartment. The court dismissed the case after a trial. Tenant appealed and lost. The appeals court found that the trial court...

Landlord Improperly Set Initial Legal Rent for 421-a Building Tenant

February 14, 2018    

Landlord sued to evict rent-stabilized tenant of a 421-a building for nonpayment of rent. After trial, the court ruled for landlord and found that tenant owed $95,000 after giving tenant a 20 percent rent abatement...

Tenant Substantially Complied with Agreement to Pay Rent on Time

February 14, 2018    

Landlord sued to evict rent-stabilized tenant for chronic late payment of rent. Landlord and tenant signed a settlement agreement in court that required tenant to pay rent arrears and to make timely future rent...