NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenants Can't Appeal Conditions Imposed on Hearing Adjournment in Nuisance Case

March 26, 2024    

Landlord, a co-op corporation, sued to evict shareholder tenant for violating provisions of their proprietary lease and house rules that prohibited unreasonable noise. Following a trial, a judgment of possession for...

Co-op Shareholders Claim Retaliation by Co-op Board After Complaints About Drinking Water

March 26, 2024    

Co-op shareholder tenants sued their building's cooperative corporation for retaliation under RPL Section 223-b. They claimed that the co-op board issued a default notice just five weeks after the they complained...

Court Vacates Rent Reduction Order Issued Against Co-op Instead of Shareholder

March 26, 2024    

Rent-stabilized tenants in a co-op building complained to the DHCR that laundry room washer and dryer services had become inoperable. Tenants named the co-op corporation as the landlord in their complaint. Although...

Landlord Didn't Send 90-Day Termination Notice Before Lease Expiration

March 26, 2024    

Landlord sued to evict unregulated tenant when tenant's lease expired. Tenant had lived in the apartment for more than three years before landlord commenced the court proceeding. Tenant asked the court to dismiss...

Agreement to Discount Tenant's Rent in Exchange for Porter Services Wasn't a Preferential Rent

March 15, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord sought an incorrect monthly rent because he paid a preferential rent that was less than the unit's legal...

Nonpayment Proceeding Sought Rent for Period When Tenant Had No Lease

March 15, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in August 2023, seeking rent arrears for the period between August 2022 through June 2023 at $1,451 per month. Tenant asked the court to dismiss...

Landlord Requested Payment of Use and Occupancy Prematurely

March 12, 2024    

Landlord sued to evict two apartment occupants after the unit's rent-controlled tenant died. The case was adjourned for two months on the initial return date to give the occupants a chance to obtain an attorney....

State Division of Human Rights Must Re-examine Organization's Housing Discrimination Claim

March 12, 2024    

CityVision, a nonprofit organization that tests whether housing facilities engage in discrimination by having their agents pose as prospective tenants, placed a test call to landlord in 2016 seeking to rent an...

Trial Needed to Determine Whether Tenant's Son Had Succession Rights

March 12, 2024    

Landlord sued to evict the son and daughter-in-law of a rent-stabilized tenant after tenant died. They claimed succession rights to the apartment. Landlord pointed out that these family members spent considerable...

Landlord Must Refund Tenant's Security Deposit Without Any Damages for Willful Withholding

March 9, 2024    

Former tenant sued landlord in small claims court, seeking return of her $4,803 security deposit plus damages. Tenant claimed that landlord willfully violated GOL Section 7-108(1-a)(e). After trial, the court awarded...

Rent-Stabilized Tenant Had No Lease in Effect

March 9, 2024    

Landlord sued in August 2023 to evict rent-stabilized tenant for nonpayment of rent between August 2022 and June 2023. Among other things, tenant pointed out that she didn't have a renewal lease from 2019 through...

Rent Reduced in 1987 Was Restored as of 2020

March 9, 2024    

Prior tenant complained to the DHCR of a reduction in services after a fire rendered his apartment uninhabitable. The DRA ruled for tenant in 1987 and reduced and froze his rent. Landlord applied for rent restoration...