NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

New Trial Ordered After Former Tenant Gets Full Rent Abatement for Apartment Conditions

September 23, 2016    

Landlord sued former tenant to recover five months’ unpaid rent. Tenant claimed breach of the warranty of habitability and asked for a setoff. Landlord presented documentation that violations were cured, and...

Landlord Can Withhold Daily Use and Occupancy from Tenant's Security Deposit

August 21, 2016    

Former tenant sued landlord for the return of his security deposit after he moved out of the apartment. The court ruled for tenant and ordered landlord to refund the deposit, minus the sum of $55 to be withheld for...

Housing Court Had No Authority to Rule on Tenant's Motion for Unpaid Settlement Sum

August 21, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out by Oct. 31, 2013. In return, landlord agreed to waive...

Landlord Can Evict Tenant Who Didn't Sign Renewal Lease

August 21, 2016    

Landlord sued to evict rent-stabilized tenant for failure to sign a renewal lease. The court ruled for landlord and awarded landlord $49,000 in back rent owed. Tenant appealed and lost. All of tenant’s...

Tenant Hadn't Paid Rent During Four Years Before She Filed Overcharge Claim

August 21, 2016    

Landlord sued to evict unregulated, month-to-month tenant. Tenant claimed that she was rent stabilized and that she had been overcharged. Landlord argued that the apartment had been vacancy deregulated before tenant...

Court Finds Unregulated Tenant Was Actually Rent Stabilized

August 21, 2016    

Landlord sued to evict unregulated, month-to-month tenant. Tenant claimed that she was rent stabilized. Landlord argued that she was entitled to collect a negotiated unregulated rent from tenant when tenant moved...

Landlord's 11th Motion to Remove 7A Administrator Denied by Court

August 17, 2016    

Tenants sued landlord, seeking appointment of an Article 7A administrator for their building. The court appointed a 7A administrator, and landlord later asked the court to remove the administrator and reinstate...

NYCHA Must Reconsider Daughter's Succession Claim

August 17, 2016    

NYCHA tenant’s daughter filed a remaining family member grievance, seeking succession rights to tenant’s apartment. NYCHA ruled against the daughter for failure to pay use and occupancy. The daughter...

Landlord Not Entitled to Additional Rent from Month-to-Month Tenant

August 17, 2016    

Landlord sued former tenant for unpaid rent and use and occupancy. The court ruled against landlord, who appealed and lost. At trial, tenant showed that he was a month-to-month tenant at the time he moved out, that...

Did Schizophrenic Tenant Knowingly Permit Son’s Drug Activities?

August 17, 2016    

Landlord sued to evict tenant based on illegal activities at the apartment. The trial court ruled for landlord, and tenant appealed. The appeals court ruled that the case should be reopened. Landlord proved that the...

Trial Needed on Succession Rights Claim by Rent-Stabilized Tenant's Son

August 17, 2016    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Landlord claimed that tenant lived in upstate New York and that tenant’s son lived in the apartment. Tenant acknowledged that he didn...

Yonkers Housing Authority Wrongly Terminated Tenant's Rent Subsidy

August 16, 2016    

Tenant filed an Article 78 appeal to challenge Yonkers Housing Authority’s decision to terminate tenant’s participation in the housing voucher program. The court ruled for tenant. The housing authority...