NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

No Fraud Where Landlord Improperly Deregulated Apartment in J-51 Building

June 20, 2017    

Tenants sued landlords, claiming landlord fraudulently deregulated their rent-stabilized apartment while receiving J-51 tax benefits. The court ruled against tenants, who appealed and lost. Landlord received J-51...

Buyouts of Prior Loft Tenants Permanently Excluded Units from Rent Regulation

June 20, 2017    

The Loft Board found that residential units in a building qualified as interim multiple dwellings (IMDs) under the Loft Law but weren't subject to rent stabilization upon prior landlord's purchase of former...

No Fraud Found in Improper Deregulation of Apartment in J-51 Building

June 19, 2017    

Tenants sued landlord, claiming that their apartment was improperly deregulated. The court denied landlord's request to dismiss the case, and found that the apartment was rent stabilized. Landlord appealed and...

Landlord Proved Rent-Controlled Tenant Primarily Resided in Wisconsin

June 19, 2017    

Landlord sued to evict rent-controlled tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Evidence showed that tenant wasn't present in the apartment at all from March...

Landlord Didn't Have to Name Tenant's Husband in Court Papers

May 30, 2017    

Landlord sued to evict tenant for keeping a dog in violation of her lease. At trial, tenant asked the court to dismiss the case because landlord hadn't named tenant's husband as a party to the case, even...

Landlord of Section 8 Housing Didn't Complete Recertification Before Raising Rent

May 30, 2017    

Landlord of HUD Section 8 housing sued to evict tenant for nonpayment of rent. Landlord claimed that rent increases resulted after tenant failed to complete the annual recertification process required by HUD. Tenant...

HPD Order Directs Landlord to Replace Floor Joists and Water Supply Lines

May 30, 2017    

Landlord sued to vacate an Alternate Enforcement (AEP) order issued by HPD, which directed landlord to remove Housing Maintenance Code violations. The court ruled against landlord, who appealed and won in part. The...

Tenant's Nephew Can't Get Mitchell-Lama Apartment

May 29, 2017    

The nephew of a deceased Mitchell-Lama tenant sought succession rights to the apartment. HPD ruled against the nephew after a hearing. The nephew filed an Article 78 court appeal and lost. The court and appeals court...

Landlords Can't Discharge HPD Liens for Tenant Relocation Costs

May 22, 2017    

New York’s highest court reviewed two similar cases. In the first case, a Brooklyn landlord sought to discharge an HPD lien for costs incurred by HPD to relocate tenants displaced from apartments as the result...

Tenant's Daughter Gets HUD Apartment

May 22, 2017    

Landlord sued to evict apartment occupant, claiming that she entered into occupancy of the apartment under a license granted by the prior, deceased tenant. Landlord claimed that tenant died in 2016 and that occupant...

New Landlord Improperly Locked Tenant Out of Apartment

May 22, 2017    

Tenant sued landlord, seeking to be restored to possession of a rent-stabilized apartment. Tenant had previously temporarily located to an apartment in an adjoining building so that prior landlord could complete...

Landlord Can't Sue Guarantor for Rent Arrears in Eviction Proceeding

May 22, 2017    

Landlord sued to evict tenant for nonpayment of rent and joined tenant’s guarantor as a party to that case. The guarantor filed an answer but didn’t appear for trial. The court ruled for landlord and got...