NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Evicted on Default in Nonpayment Case Can't Be Restored to Possession

July 20, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant failed to appear on the scheduled court date, and landlord obtained a default judgment of possession and money judgment for $2,541. After tenant was...

Disabled Granddaughter Gets Tenant's Rent-Stabilized Apartment

July 20, 2017    

Landlord sued to evict rent-stabilized tenant's granddaughter after tenant died. The granddaughter claimed succession rights. The trial court ruled against landlord, finding that the granddaughter was disabled...

Building Super Showed He Paid Rent and Was Therefore a Tenant

July 20, 2017    

Landlord sued to evict the building super from his apartment after the super's employment was terminated. The super claimed that he started working at the building in 1999 but soon thereafter was given a...

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

July 20, 2017    

Apartment occupant claimed succession rights to tenant's Mitchell-Lama apartment in Manhattan after tenant died. HPD ruled against occupant, who then filed an Article 78 court appeal. The court ruled against...

Tenant Claims Husband Needed Dog as Therapy Animal

July 20, 2017    

Landlord cooperative corporation sued to evict shareholder tenant for keeping a dog in violation of his proprietary lease and house rules. Tenant claimed that the dog was a therapy animal for his husband, who...

Rent-Stabilized Tenants Use Two Adjoining Apartments as One Primary Residence

July 20, 2017    

Landlord sued to evict rent-stabilized tenants, claiming nonprimary residence. Tenants, in their 80s, had lived together in the two adjoining apartments for over 40 years. The apartments were a studio and a one-...

Tenant Was Arrested for Drug Sale Four Blocks from Building

June 24, 2017    

Landlord of building receiving subsidy assistance from the National Housing Act Section 221(d)(3) Below Market Interest Rate Program sued to evict tenant based on criminal drug activity. The court denied tenant...

Tenant's Son Wasn't Listed for Two Years on Income Affidavits

June 24, 2017    

Mitchell-Lama landlord notified tenant's son that he must vacate the apartment after tenant died. The son claimed succession rights and appealed to HPD. HPD ruled against the son, who filed an Article 78 appeal....

Landlord Not Responsible for Tenant's Fall Down Staircase

June 24, 2017    

Tenant sued her former landlord after she fell down an interior staircase in the two-story two-family house and was injured. The trial court ruled against tenant and dismissed the case. Tenant appealed and lost. The...

Landlord Can Evict Tenant for Short-Term Sublet Profiteering

June 24, 2017    

Landlord sued rent-stabilized tenant, seeking ejectment and claiming that tenant's rent-stabilized lease was validly terminated due to tenant's subletting and profiteering. Both sides sought a ruling...

Is Landlord Responsible for Laundry Room Attack on Tenant?

June 24, 2017    

Tenant sued landlord for negligence after she was sexually assaulted in the building laundry room. The court granted landlord's request to dismiss the case without a trial. Tenant appealed, and the case was...

Commercial Tenant's Residential Use Made Building Rent Stabilized

June 24, 2017    

Landlord sued to evict tenant and claimed that the building was unregulated because it contained fewer than six apartments. Landlord claimed that the building contained four apartments but once contained a fifth...