NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Waived Right to Object to Tenant's Pet

October 25, 2016    

Landlord sued to evict tenant for violating her lease by harboring a pet without landlord’s permission. Tenant claimed that a prior proceeding for the same relief was dismissed by the court due to landlord...

Rent-Controlled Tenant's Son Gets Apartment

October 25, 2016    

Landlord sued to evict rent-controlled tenant’s son after tenant died. The trial court ruled against landlord and found that the son proved he had succession rights. Landlord appealed and lost. The record...

Landlord Couldn't Support Its Illegal Sublet Claim

October 25, 2016    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Landlord claimed that tenant lived outside the city and had sublet or assigned the apartment to a named individual without first obtaining...

HPD Properly Gave Landlord Certificates of Eviction

October 25, 2016    

Mitchell-Lama tenants filed an Article 78 court appeal of decisions by HPD to grant landlord’s applications for certificates authorizing eviction proceedings against tenants. The court ruled against tenants and...

Tenant's Appeal of DHCR Decision Wasn't Filed Within 60 Days

October 21, 2016    

Tenant filed an Article 78 appeal of the DHCR’s decision that her building wasn’t subject to rent stabilization. The court ruled against tenant, who appealed and lost. Tenant didn’t file her Article...

Co-op Responsible for Failing to Restore Tenant's Terrace After Storm

October 21, 2016    

Cooperative shareholder tenant sued landlord cooperative corporation, claiming breach of lease and breach of implied warranty of habitability. In 2007, a storm damaged the terrace that tenant shared with next-door...

Daughter Gets Rent-Controlled Apartment

October 21, 2016    

Landlord sued to evict rent-controlled tenant’s daughter after tenant died. The daughter claimed succession rights. Tenant died in 2015 at the age of 99. Her daughter was 72 and claimed that she moved into the...

Tenant Claims Inadequate Fire Safety Warning Devices in Building

October 21, 2016    

Tenant sued landlord, claiming that landlord was responsible for injuries he suffered when he jumped from a second-story fire escape platform at his apartment building in response to a fire at the building next door...

Income of Remaining Co-Tenant Was Below Deregulation Threshold

September 23, 2016    

Landlord applied for high-rent/high-income deregulation of tenant’s rent-controlled apartment in 2006, after serving an Income Certification Form (ICF) on April 27, 2006. The DHCR ruled against landlord. The...

Tenant’s Claim That Staircase Defect Caused Her Fall Dismissed

September 23, 2016    

Tenant sued landlord, claiming that she was injured falling down a staircase in her apartment building. Landlord claimed that any defect in the staircase was trivial and the court granted landlord’s request to...

Landlord Seeks Eviction of Tenant Based on Son's Illegal Drug Activity

September 23, 2016    

Landlord sued to evict Section 8 tenant for breach of her lease based on drug-related criminal activity by tenant’s son. Tenant asked the court to dismiss the case, claiming that the events in question occurred...

Landlord's Retaliatory Action Resulted in Loss of Tenant's Section 8 Subsidy

September 23, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant’s lease rent was $850 per month and about half of that was paid directly to landlord by Cohoes Housing Authority under the Section 8 program. At some...