NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Landlord Can Evict Tenant for Chronic Nonpayment of Rent

December 17, 2017    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court that put tenant on probation. Tenant then failed to pay rent on time in June 2015 and didn'...

Landlord Fails to Prove Apartment Was Properly Deregulated

December 17, 2017    

Landlord sued to evict unregulated tenant when tenant's lease expired. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant showed that...

Landlord Fraudulently Deregulated J-51 Apartments

December 17, 2017    

Two tenants sued their building's landlord, claiming that they were improperly given unregulated leases when they moved into the building in 1999 and 2008 respectively. The building received J-51 benefits between...

Tenant Showed No Good Cause to Be Restored to Apartment

December 17, 2017    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but the court later granted eviction of tenant. The court denied tenant's second request post-...