NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Prior Registered Rent Was More Than Rent Charged to Tenant

November 20, 2017    

Landlord sued to evict hotel-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for landlord without a trial. Tenant appealed and lost. Tenant stopped paying rent in October...

Tenant Proved Building Contained at Least Six Apartments

November 20, 2017    

The DHCR determined that tenant was rent stabilized because the apartment building he lived in contained at least six apartments before 1974. Landlord filed an Article 78 petition, claiming that the DHCR's...

Landlord Can Evict Tenant for Objectionable Conduct

November 20, 2017    

Landlord sued to evict tenant for committing a nuisance. The court ruled for landlord. Tenant appealed and lost. Landlord proved at trial that tenant engaged over a period of years in a pattern of objectionable...

Tenant Gets 31 Percent Rent Abatement for Apartment Conditions

November 20, 2017    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in part but gave tenant a rent abatement of $808 and awarded landlord the net sum of $1,834. Landlord appealed and lost. The court...

Was Building Legally Converted to Fewer Than Six Apartments?

November 20, 2017    

Landlord sued to evict unregulated tenant. Tenant claimed that she was rent stabilized. The court ruled for landlord without a trial. Tenant appealed, and the case was reopened. There were issues of fact as to...

DOB Violation Proved Building Contained at Least Six Units

November 20, 2017    

Landlord sued to evict month-to-month tenant. Tenant claimed that she was rent stabilized. The court ruled for tenant and dismissed the case. Tenant claimed that there were six apartments in the pre-war building when...

Appeals Court Reverses Order to Restore Tenant to Possession

November 20, 2017    

Landlord sued to evict unregulated tenant for nonpayment of rent. The parties signed a settlement agreement in court. Tenant agreed to pay the $8,000 rent arrears by a certain date or be evicted. Tenant was later...

Occupant Can't Prove Succession Rights

November 20, 2017    

Landlord sued to evict rent-stabilized tenant and apartment occupant after landlord discovered that tenant had moved out of the apartment. The occupant claimed succession rights. The court ruled against occupant, who...

Court Incorrectly Set Damages for Breach of Warranty of Habitability

November 20, 2017    

Tenant sued landlord for breach of the warranty of habitability. The court ruled for tenant and awarded her damages equal to a refund of 35 months of paid rent. Landlord appealed, and the case was reopened. Tenant...

Occupant Was Hotel-Stabilized Tenant

November 20, 2017    

Landlord sued to evict occupant of hotel-stabilized unit. The court ruled for landlord. Occupant appealed and won. Landlord admitted that the unit was hotel-stabilized. Trial evidence showed that occupant had lived...

Was Landlord Responsible for Tenant's Fall from Landing?

October 28, 2017    

Tenant sued landlord for negligence. Tenant placed bricks on an exterior landing of his apartment building, stepped on them, then fell when the brick moved. Tenant said that the step from the landing to the doorway...

Police Properly Searched Bathroom for Guns After Tenant Asked for Help

October 28, 2017    

Tenant sought assistance from two police officers outside her building, stating that her boyfriend was in her apartment bathroom with a gun. The police entered the apartment with tenant's permission, knocked on...