NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

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...