NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

No Notice to Cure Required for Tenant Who Assaulted Landlord

September 24, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance after sending tenant a 10-day termination notice. Landlord claimed that tenant constantly yelled and screamed profanities at a building...

Landlord Can Evict Tenant Who Moved Out and Sublet the Apartment

September 24, 2017    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. The court ruled for landlord after a trial. Landlord proved that tenant no longer lived in the apartment, but had purchased a condo unit and...

First Tenant After Base Date Vacancy Was Rent Stabilized

September 24, 2017    

On March 31, 2011, tenant complained to the DHCR of rent overcharge and claimed that his apartment was improperly deregulated. Tenant moved into the apartment in April 2007 at a stated monthly rent of $2,000 and a...

Landlord Not Responsible for Tenant Being Shot Inside Building

September 24, 2017    

Tenant sued the city and NYCHA, his landlord, after he was shot in the leg by an unknown attacker in his apartment building hallway. Tenant claimed that landlord failed to provide a properly locking rear door to his...

Building Super Was Rent Stabilized After Employment Terminated

September 24, 2017    

Landlord sued to evict the building super after the super's employment was terminated. The super claimed that he was a rent-stabilized tenant and couldn't be evicted. The court ruled for the super and...

Landlord Not Responsible for Attack on Tenant During Robbery

September 24, 2017    

Landlord sued tenant for negligence after tenant was injured during an armed robbery of his apartment. The intruders entered the building through a casement apartment window, which allowed them to enter a garage,...

Landlord's Notice to Terminate Assisted Living Residency Was Insufficient

September 24, 2017    

Landlord sued to terminate the admission agreement of an assisted living resident under Social Services Law Section 461-h. Landlord claimed that the resident failed to pay her rent. Resident claimed that landlord...

No Willful Default by Tenant Who Settled Chronic Nonpayment Case

September 24, 2017    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court later denied tenant's request to stay execution of the eviction warrant based on...

Landlord Knew That 2-Year-Old Child Lived in Apartment

September 24, 2017    

Tenant sued landlord, claiming that her 2-year-old child was injured in October 2003 by exposure to lead-based paint in their apartment. The court denied landlord's request to dismiss the case without a trial....

Tenant's Deposit of Rent Check into Bank Lock Box Didn't Create Waiver of Termination Notice

September 24, 2017    

Westchester County landlord sued to evict tenant for breaching her lease based on apartment conditions. The court ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord's acceptance of a rent...

Co-op Corporation Claims Sponsor Can't Surrender Parking Spaces with Apartment Shares

September 24, 2017    

Landlord cooperative corporation sued the sponsor who held unsold shares to certain apartments and garage spaces when the sponsor returned to the co-op shares of unsold parking spaces without returning apartment...

Building Receiving RPTL Section 421-g Tax Benefits Subject to Rent Stabilization

August 19, 2017    

Building tenants sued landlord, claiming that they were rent stabilized due to Real Property Tax Law Section 421-g tax benefits received by landlord and/or a low-interest mortgage loan obtained under the Private...