NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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-...

Landlord Entitled to Extended Document Production

December 17, 2017    

Landlord sued to evict rent-stabilized tenant's son after tenant died in January 2015. The son claimed succession rights, and landlord asked for pretrial documentation production. The court ruled for landlord in...

Rent-Stabilized Tenant Never Received Vacancy Lease

December 17, 2017    

Landlord sued to evict rent-stabilized tenant for nonprimary residence when tenant's two-year renewal lease expired in 2017. Tenant asked the court to dismiss the case because landlord never gave him a vacancy...

Landlord Breached Warranty of Habitability

December 17, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord claimed that tenant had a commercial lease. The court ruled for landlord. Tenant appealed, and the...

Tenant Can Conduct Pretrial Questioning in Nuisance Case

November 22, 2017    

Landlord sued to evict Section 8 tenant for creating a nuisance. Landlord claimed that tenant held frequent, loud parties where people engaged in antisocial, destructive, and illegal conduct in the building hallways...

Landlord Can't Prove Tenant Broke a Two-Year Lease Agreement

November 22, 2017    

Landlord sued former tenant for breach of contract. Landlord claimed that tenant moved out with 11 months remaining on a two-year lease. Tenant claimed that he had a one-year lease, with the possibility of extending...