NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Occupant Entitled to Hotel Stabilization Not Entitled to Attorney's Fees

November 17, 2016    

Occupant sued landlord for illegal lockout, claiming that he became a permanent tenant of a hotel-stabilized unit at landlord’s building. The court ruled against occupant, who appealed and won. Occupant used...

DHCR Can't Add Guideline Rent Increases After Setting Rent Using Default Method

November 17, 2016    

Tenant complained of rent overcharge. The DHCR ruled for tenant but found no willful overcharge and granted landlord Rent Guidelines Board increases in calculating the rent during the period of overcharge. The DHCR...

Was Landlord Responsible for Attack on Tenant by Other Tenant's Dog?

November 17, 2016    

Tenant who rented apartment in two-family home sued...

Landlord Responsible for Exterminating Bedbugs in Tenants' Apartment

November 17, 2016    

Tenants sued landlord for negligence, claiming that landlord never eradicated a bedbug infestation in their apartment that began in 2012. Landlord claimed that it wasn’t responsible for the conditions in...

DOB Violation for Cellar Apartment That Was Legal in 1938 Was in Error

November 17, 2016    

DOB issued a violation notice to landlord for having an illegal cellar apartment. Landlord opposed the violation, but the ALJ ruled against landlord and fined it $1,200. ECB denied landlord’s appeal. Landlord...

Wife Gets Succession Rights to Tenant's Rent-Controlled Apartment

November 17, 2016    

Landlord sued to evict tenant’s wife, who claimed succession rights. The court ruled for the wife and dismissed the case. Landlord appealed and lost. First, the trial court properly found that, although the...

Landlord Not Responsible for Pedestrian's Trip and Fall Over Garbage Bags

November 17, 2016    

Pedestrian sued landlord for negligence after she tripped and fell on garbage bags placed on the sidewalk in front of landlord’s building. Landlord claimed that it wasn’t responsible for any injuries, and...

Did Faulty Elevator Impeding EMS Response Cause Tenant's Death?

November 17, 2016    

Tenant sued landlord for negligence after a broken elevator inside the building delayed emergency medical service workers from transporting her daughter to a hospital for more extensive treatment after she suffered a...

Landlord Can't Increase Improperly Deregulated Rent

November 17, 2016    

Tenant sued landlord for rent overcharge and claimed that he was improperly deregulated. Initially, the court ruled against tenant, who appealed and won. The appeals court found in 2015 that although landlord was...

Tenant Claims Marshal Didn't Deliver 72-Hour Notice

October 28, 2016    

Landlord sued to evict tenant after tenant failed to sign a rent-stabilized renewal lease. Tenant signed a settlement agreement in court promising to pay $12,000 in rent arrears and to move out by Sept. 30, 2010. The...

Schizophrenic Tenant Evicted Despite DSS Attempts to Reinstate Her

October 28, 2016    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $26,000 for two years’ rent. The court ruled for landlord based on tenant’s default and the marshal notified DSS that tenant...

Tenant Spent Time at Girlfriend’s Apartment

October 25, 2016    

Landlord sued to evict rent-controlled tenant for nonprimary residence. The trial court ruled against landlord, who appealed and lost. Landlord didn’t present many of the documents typically relied on to...