NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenants Fail to Prove Need for 7A Administrator at Landlord's Building

November 28, 2016    

Tenants brought an HP proceeding against landlord, seeking appointment of a 7A administrator for their building. Landlord asked the court to dismiss the case after a hearing since only one tenant testified and there...

NYCHA Can Evict Tenant for Chronic Nonpayment of Rent

November 28, 2016    

NYCHA decided to terminate tenancy based on tenant’s chronic nonpayment of rent. Tenant filed an Article 78 court appeal, claiming that NYCHA’s decision was arbitrary and unreasonable. The court ruled...

Rent-Stabilized Tenant's Estate Administrator Claims Succession Rights

November 28, 2016    

Landlord sued to evict apartment occupant, claiming that after rent-stabilized tenant died, tenant’s estate improperly sublet the apartment to the estate administrator in her personal capacity. Landlord claimed...

Landlord Can't Collect Rent Remaining on Lease After Tenant Moved Out

November 28, 2016    

Landlord sued former tenant in small claims court, seeking four months’ unpaid rent for the period after tenant moved out. The court ruled against landlord, who appealed and lost. Landlord and tenant had signed...

Landlord Must Refund Tenant's Full Security Deposit

November 28, 2016    

Rent-stabilized tenant sued landlord for failing to return tenant’s security deposit within 60 days after tenant moved out of the apartment. Tenant asked the court to rule in his favor without a trial. The...

Tenant's Daughter Can't Get Rent-Stabilized Apartment

November 28, 2016    

Rent-stabilized tenant’s daughter claimed succession rights to tenant’s apartment after tenant died. The DHCR ruled against the daughter, who filed an Article 78 court appeal and lost. The court and...

Landlord Can't Seek Accelerated Rent After Tenant Evicted

November 28, 2016    

Landlord sued former tenant for damages after tenant was evicted for nonpayment of rent. No money judgment was entered in the nonpayment case based on tenant’s failure to appear in court. In the subsequent case...

Landlord Didn't Add NYCHA as a Party to Nonpayment Case

November 28, 2016    

Landlord sued to evict rent-stabilized tenant with a Section 8 Housing Choice Voucher for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn’t comply with the “Williams...

Landlord Not Responsible for Tenant's Slip and Fall

November 28, 2016    

Tenant sued landlord for negligence after she fell twice in the building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord in part. Tenant appealed and lost. Landlord wasn...

Apartment Conditions Warranted Rent Abatement

November 28, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay by a certain date and landlord agreed to make repairs. Tenant obtained...

Termination Notice Didn't Properly Make Claims for Illegally Subletting

November 28, 2016    

Landlord sued to evict HUD Section 8 tenant after sending a 10-day termination notice based on material noncompliance with tenant’s lease. Landlord claimed that tenant had assigned or sublet the apartment...

DHCR Properly Increased Rent Reductions for Electric Meter Conversion

November 18, 2016    

In January 2006, landlord applied to the DHCR for permission to convert a building with 433 rent-regulated apartments to individual electric metering and to terminate the inclusion of the cost of electricity in...