NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Tenant Can Seek Attorney's Fees in Discontinued Case

November 18, 2016    

Landlord sued to evict tenant. Later, landlord and tenant signed a settlement agreement in court that expressly gave tenant the right to seek attorney’s fees. But the housing court then denied tenant’s...

Tenant Entitled to Return of Commingled Security Deposit Despite Breach of Lease

November 18, 2016    

Tenant sued landlord and prior landlord for recovery of his security deposit. The court ruled against tenant, who appealed and won. Landlord’s failure to give tenant written notice of what bank held tenant...

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

November 18, 2016    

HPD denied occupant’s application for succession rights to a Mitchell-Lama apartment. Occupant appealed and lost. HPD’s decision had a rational basis. The occupant was tenant’s husband but failed to...

Landlord Proves Rent-Controlled Tenant Primarily Resided in South Carolina

November 18, 2016    

Landlord sued to evict rent-controlled tenant for nonprimary residence and claimed that tenant primarily resided in South Carolina. The trial court ruled for landlord. Tenant appealed and lost. Landlord presented...

Landlord Should Provide Surveillance Videos to Tenant, at Tenant's Expense

November 17, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. During trial, tenant asked the court to preclude landlord from introducing videotape evidence of comings and goings from the building because...