NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Occupants Referred to SRO Housing by HRA Became Rent Stabilized After 30 Days

April 25, 2017    

Landlord sued to evict three single room occupancy (SRO) occupants, claiming that they were unregulated licensees. The court ruled against landlord, finding that the occupants were permanent residents under the Rent...

Did Landlord Install Smoke Detector in Apartment?

April 25, 2017    

Tenant sued landlord for negligence, claiming that landlord was responsible for tenant’s injuries in an apartment fire. Tenant woke up to find that his living room was on fire and had to run through the flames...

Tenant Mental Health Care Provider Not Responsible for Fire Caused by Subtenant

April 25, 2017    

Landlord’s insurer sued the tenant of several apartments for negligence and breach of contract. Tenant, a not-for-profit organization, sublet the apartments to individuals who participated in their support...

Tenants Can Pursue Class Action Against Landlord Based on Response to Superstorm Sandy

April 24, 2017    

Tenants sought to represent a class of residential and commercial tenants of their building, claiming that landlord was negligent by failing to properly secure the building prior to Superstorm Sandy and in connection...

Landlord Who Had No Notice of Lead Paint Condition Not Responsible for Injuries

April 24, 2017    

Tenant sued landlord, claiming his child was injured by exposure to lead paint in his apartment. Landlord asked the court to dismiss the case without a trial.  The court ruled against landlord, who appealed and...

Landlord Doesn't Prove IAIs Were Made

April 24, 2017    

Rent-stabilized tenant sued landlord for rent overcharge, claiming that landlord improperly imposed a $175 monthly rent increase for individual apartment improvements (IAIs) that it claimed were made before tenant...

Did Lead Paint in Apartments Injure Tenant's Child?

April 24, 2017    

Tenant sued landlord NYCHA, claiming that her child was exposed to lead paint in the apartment they lived in. The child was born in 2005, diagnosed as having elevated blood lead levels in 2010, and some of the...

NYCHA Tenant's Granddaughter Can't Get Apartment

April 24, 2017    

Tenant’s granddaughter appealed NYCHA’s denial of her application for succession rights to tenant’s apartment after tenant died. The court ruled against the granddaughter and dismissed the case....

Court Excuses Tenant's Default on Agreement to Cure Chronic Nonpayment of Rent

April 24, 2017    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it had to start six nonpayment proceedings against tenant between 2012 and 2015. Landlord and tenant signed a...

Landlord Can Collect First, Deregulated Rent for Newly Created Apartment

April 24, 2017    

Tenant sued landlord, claiming that his apartment was improperly deregulated. He had moved into the apartment in May 2013, and argued that prior tenant was deregulated, but that last rent-stabilized tenant who lived...

Tenant Didn't Prove Neighbor's Dog Was Vicious

March 29, 2017    

Tenant sued neighboring tenant after neighboring tenant’s dog bit tenant. Tenant claimed strict liability and negligence. The court granted neighbor’s request to dismiss the negligence claim because New...

Landlord's Claim of Illegal Subletting Wasn't Supported by Allegation of Facts

March 29, 2017    

Landlord sued to evict rent-stabilized tenant for subletting or assigning his apartment without landlord’s permission. Tenant asked the court to dismiss the case, arguing that landlord’s termination...