NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant in Building Converted to Co-op Is No Longer Rent Stabilized

October 28, 2017    

Landlord sued to evict a formerly rent-stabilized tenant, who remained as a tenant following the building's cooperative conversion under a nonprofit eviction plan under the Private Housing Finance Law. Tenant...

Tenant Who Wouldn't Sign Lease Is Still Rent Stabilized

October 28, 2017    

Landlord sued to evict tenant, claiming that tenant was unregulated, after sending tenant a 30-day termination notice. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. The court...

Landlord Claims Tenant Won't Permit Repairs

October 28, 2017    

After sending a 10-day notice to cure, landlord sued to evict rent-stabilized tenants, claiming that they refused access to replace a non-working stove and defective living room shades. The court ordered repair dates...

Tenant Not Responsible for Damage to Elevator Doors Caused by Nonresident Son

October 28, 2017    

Landlord sued rent-stabilized, Section 8 tenant for damages, claiming that tenant owed $5,000 because her son damaged the elevator doors in the lobby. Tenant's son had previously lived with her but had moved out...

Mitchell-Lama Apartment Not Tenant's Primary Residence

October 28, 2017    

HPD determined that  Mitchell-Lama co-op tenant didn't occupy apartment as her primary residence and that landlord therefore could evict her. Tenant filed an Article 78 appeal and lost. There was substantial...

Co-op Board Improperly Waived Shareholder Tenant's Consent to Terrace Request

October 28, 2017    

The shareholder tenant of eight co-op apartments on the first floor of a building, who didn't live in any of the units, sued landlord cooperative corporation board as well as the shareholder tenant who lived...

Landlord Illegally Locked Tenant's Wife Out of Apartment

October 28, 2017    

Rent-stabilized tenant's wife sued landlord, claiming that she was illegally locked out of tenant's apartment. The court ruled for the wife and ordered landlord to restore her to possession. Landlord appealed...

Piece of Bedroom Ceiling Fell on Tenant's Head

October 28, 2017    

Tenant sued landlord for negligence. She was injured when a portion of her bedroom ceiling fell on her head while she was sleeping. Landlord asked the court to dismiss the case without a trial, while tenant argued...

Landlord Can Evict Tenant for Creating Excessive Noise

September 24, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant made excessive and loud noises in the apartment that interfered with the quiet enjoyment of other tenants. Landlord...

Landlord Can Evict Tenants Who Kept Two Cats in Violation of Lease

September 24, 2017    

Landlord sued to evict tenants for violating the no-pet clause in their lease because they kept two cats without landlord's permission. Tenants claimed that landlord had waived any objection to their pets by...

Court Reasonably Refused to Give Tenant Postjudgment Cure Period

September 24, 2017    

Landlord sued to evict rent-stabilized tenant, claiming that tenant refused landlord access to inspect and perform repairs that tenant claimed were needed in the apartment. Landlord showed that, in a prior eviction...

Tenant's Smoking Didn't Create a Nuisance

September 24, 2017    

Landlord sued to evict rent-controlled tenant for creating a nuisance. After a trial, the jury ruled for landlord, but the court granted tenant's request to set aside the jury verdict and dismiss the case....