NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord’s Termination Notice to Section 8 Tenant Was Fatally Defective

May 18, 2016    

Landlord sued to evict HUD Section 8 tenant for nonpayment of rent and material noncompliance with tenant’s lease. Tenant claimed that landlord’s lease termination notice was defective because it didn...

NYCHA's Decision to Terminate Tenancy Upheld After Tenant's Default

May 18, 2016    

Landlord NYCHA sought to terminate tenancy due to tenant’s chronic failure to pay rent on time. NYCHA also claimed that tenant illegally sublet her apartment. NYCHA sent tenant a notice informing her of the...

Tenant Evicted After Breaching Court Stipulation

May 18, 2016    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a probationary settlement agreement by which tenant agreed to pay rent on time in the future. The court later found that tenant...

Guardian Appointed for Evicted Tenant Seeking Reinstatement

May 18, 2016    

Landlord sued to evict tenant because tenant failed to provide access to landlord to make necessary repairs and correct two outstanding HPD violations. There was a Class “B” violation for excessive...

Landlord Not Responsible for Lead Paint Condition

May 18, 2016    

Tenant’s daughter sued landlord, claiming that her infant child was injured by landlord’s failure to remove lead-based paint in tenant’s apartment. Tenant cared for the grandchild in her apartment...

Landlord Didn't Keep Tenant from Re-occupying Apartment After Incarceration

May 17, 2016    

Tenant sued other apartment occupants and landlord, claiming breach of quiet enjoyment and wrongful eviction. Tenant had rented the apartment in 1979, and lived there with his girlfriend and their daughter. Landlord...

Tenant's Granddaughter Can't Get NYCHA Apartment

May 17, 2016    

Landlord NYCHA denied granddaughter’s succession claim after tenant died. The granddaughter filed an Article 78 court appeal, claiming that NYCHA’s decision was arbitrary and unreasonable. The court ruled...

Tenant Can't Vacate Post-Eviction Settlement Agreement

May 17, 2016    

Landlord sued to evict tenant and obtained a final judgment based on tenant’s failure to appear in court. Tenant and her subtenants were evicted. Tenant later sought to vacate the default judgment and, after...

Tenant's Absence from Apartment Was Excusable

May 17, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Although tenant was away from the apartment for more than 183 days per year during the relevant...

Landlord Can Evict Tenant Whose Guests Fought at Building

May 17, 2016    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant had permitted up to 15 people to live in the apartment, causing physical destruction of the premises and the...

Landlord Can't Get Money Judgment Without Personal Delivery of Court Papers to Tenant

April 26, 2016    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in part based on tenant’s failure to appear. Landlord was entitled to a judgment of possession and eviction warrant. But, since...

New Landlord Must Allow Both Sides Access to Inspect Staircase in Trip-and-Fall Case

April 26, 2016    

Tenant sued landlord and restaurant located in the building after a trip-and-fall incident on an interior staircase of the building. Tenant and prior landlord sought access to the staircase for inspection. Current...