NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Did Missing Handrails in Building Staircase Cause Tenant’s Fall?

February 10, 2017    

Tenant sued landlord for negligence after he slipped and fell on the building staircase. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible for tenant’s...

Landlord Didn't Prove Good Faith Intent

February 10, 2017    

Landlord sued to evict rent-stabilized tenant in order to recover the unit for her son’s use as a primary residence. The trial court ruled against landlord, who appealed and lost. Landlord didn’t...

Tenant's Post-Eviction Request to Vacate Default Denied

January 24, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord based on tenant’s failure to appear in court and issued an eviction warrant. Ten days later, tenant asked the...

Landlord Didn't Produce Itemized Estimates of Damage Repairs

January 24, 2017    

Former tenant sued landlord in small claims court, seeking return of his security deposit. Landlord claimed that tenant’s dog damaged apartment moulding and that tenant altered an electrical outlet without...

Tenant Gets Attorney's Fees After Owner Use Case Dismissed

January 24, 2017    

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for owner occupancy. The court ruled against landlord. Tenant and landlord then both asked for attorney’s fees. The court ruled...

Former Tenant Gets Rent Refund for Breach of Warranty of Habitability

January 23, 2017    

Former tenant sued landlord to recover rent paid based on her claim of breach of the warranty of habitability. The court ruled for tenant after a trial and awarded her $366.49. Landlord appealed and lost. Substantial...

Landlord Didn't Prove Whether It Collected Rent from New Tenant

January 23, 2017    

Landlord sued tenant for breach of her lease. The court ruled for landlord after tenant moved out, and awarded it $9,224 plus attorney's fees and interest. The court included an offset provision to reduce the...

Landlord Can't Collect Additional Rent from Tenant After Tenant Moved Out

January 23, 2017    

Former tenant sued landlord in small claims court, seeking recovery of her security deposit. Landlord counterclaimed for rent due under the lease after landlord terminated the lease and before a new tenant moved in....

Landlord Can't Evict Tenant for Having Overnight Guests

January 19, 2017    

Landlord sued to evict tenant, claiming a substantial violation of the tenancy and house rules. Landlord claimed that tenant didn’t get advance permission before having overnight visitors and had overnight...

Tenant's Apartment Was Improperly Deregulated After 2009 Vacancy

January 19, 2017    

Landlord sued to evict unregulated tenant. The court ruled for landlord after a trial but later granted tenant’s request to set aside the judgment. Tenant claimed improper deregulation of the apartment, so the...

Trial Court Improperly Gave Tenant Two-Year Probation Period

January 18, 2017    

Landlord sued to evict tenant for nuisance by engaging in a pattern of objectionable conduct. The trial court ruled for landlord but stayed execution on the eviction warrant to give tenant time to cure her behavior....

Landlord Waited Too Long to Seek Rent Arrears

January 18, 2017    

Landlord sued in March 2015 to evict tenant for nonpayment of rent. Although tenant began receiving Disability Rent Increase Exemption (DRIE) benefits in October 2009, landlord claimed that it discovered in December...