NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

DHCR Rent Reduction for Air and Light Blocked by New Construction Was Irrational

May 23, 2024    

Rent-stabilized tenants complained to the DHCR of a reduction in building-wide services based on the obstruction of air and light in their apartment windows. The DRA ruled for tenants and reduced their rents....

Landlord Didn't Comply with Williams Consent Decree

May 23, 2024    

Landlord sued to evict NYCHA tenant, who claimed landlord's papers weren't properly served. The court held a traverse hearing and dismissed the case. Under RPAPL Section 735, proper service of the petition...

Landlord Fails to Prove That Tenant's Pitbull Dog Created Nuisance

May 23, 2024    

Landlord co-operative corporation sued to evict tenant shareholder for violating his proprietary lease. The co-op was pet-friendly but prohibited tenants from keeping certain dog breeds. Tenant's dog was a...

Appeals Court Upholds Adoption of ETPA in Village of Ossining

May 23, 2024    
The Village of Ossining in Westchester County adopted rent-stabilization coverage under the ETPA  on Sept. 5, 2018, after conducting a vacancy study of available rental housing units in the village and...

Court Finds Newburgh's Adoption of ETPA Null and Void

April 25, 2024    

After the City of Newburgh adopted rent stabilization coverage under the ETPA on Dec. 18, 2023, a group of property owners sued the city and the DHCR, seeking a declaration that Newburgh's adoption of the ETPA...

Appeals Court Upholds Kingston's Adoption of ETPA

April 25, 2024    

A group of owners of buildings that became subject to rent stabilization under the City of Kingston’s August 2022 adoption of the ETPA filed a challenge to the city’s actions, arguing that the vacancy...

Landlord Responsible for Tenant's Injuries After Slip-and-Fall on Wet Floors

March 27, 2024    

Tenant sued landlord for negligence after a slip-and-fall in landlord's apartment building. After pre-trial questioning, tenant asked the court to rule in her favor without a trial. Tenant claimed that landlord...

Renewal of Rent-Stabilized Lease During Nonpayment Case Didn't Create New Tenancy

March 27, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. While that case was pending tenant's lease expired. Landlord offered a renewal lease, but tenant failed to sign it. Landlord then started a...

Court Orders Landlord to Correct Immediately Hazardous Violation During Nonpayment Case

March 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. While the case was pending and before even filing an answer to landlord's petition, tenant filed an Order to Show Cause seeking an Order to Correct a roach...

Landlord Awarded $45,000 Judgment in Summary Proceeding After Tenant Moves Out

March 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Landlord later asked the court for permission to amend its petition and for summary judgment without trial. The court ruled against landlord, who appealed and won...

Landlord Must Commence Ejectment Action Against Nuisance Tenant

March 27, 2024    

Tompkins County landlord sued to evict tenant for creating a nuisance and objectionable conduct. Landlord sent tenant several prior notices before commencing the court proceeding but didn't serve a lease...

HPD Can Deny J-51 Certificate to Landlord Who Rented to Tenants Before C of O Issued

March 27, 2024    

Landlord sued HPD after HPD denied landlord's application for a Certificate of Eligibility and Reasonable Cost for J-51 tax benefits in 2022. Landlord had applied for J-51 benefits based on rehabilitation of its...