NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenants Didn't Present Viable Grounds for Dismissal of Eviction Proceeding

February 26, 2024    

Landlord sued to evict tenants for creating a nuisance. Tenants asked the court to dismiss the case for a number of reasons, including improper service and insufficient notice of claims. The court ruled against...

Condo Board Seeks Damages from Unit Owner for His Tenants' Nuisance Behavior

February 26, 2024    

Landlord, a condominium board of managers, sued a condo unit owner for permitting and failing to adequately address the nuisance behavior of tenants he had rented the apartment to. The board sought declaratory and...

Landlord Co-op Corp. Properly Terminated Proprietary Lease

February 26, 2024    

Landlord cooperative corporation sued to evict proprietary lessee for engaging in objectionable conduct. The court ruled for landlord without trial and denied tenant's motion to dismiss the case along with her...

DHCR Arbitrarily Ruled That Buildings Not Subject to Sub Rehab Exemption

February 26, 2024    

In 2021, new landlord filed five applications with the DHCR, seeking a declaration that each building in a five-building complex was exempt from rent stabilization as the result of substantial rehabilitation of the...

Tenant Didn't Show Ample Need for Discovery in Case Claiming Illegal Apartments

February 26, 2024    

Landlord sued to evict apartment occupant as a licensee after sending a 10-day notice to quit. Landlord claimed that the apartment wasn't rent stabilized because the building contained only four apartments. In...

Tenant Claiming Apartment Part of Horizontal Multiple Dwelling May Inspect Building Systems

February 26, 2024    

Landlord sued to evict tenant from a four-family house based on nonpayment of rent. Landlord alleged that the apartment was unregulated, but tenant claimed that it was rent stabilized because the building was part of...

U.S. Supreme Court Declines to Hear Another Challenge to Rent Regulation

February 26, 2024    

Landlords sued the City of New York, the DHCR, and the NYC Rent Guidelines Board in federal court soon after the HSTPA was enacted in 2019 to amend the Rent Stabilization Law. Among other things, they claimed that...

Landlords and Maintenance Firm Didn't Show They Weren't Responsible for Tenant's Injury

February 26, 2024    

Tenant sued landlords for negligence after she slipped and fell in the building where she lived. The building was a mixed-use premises that included several floors of community housing owned and/or operated by...

Tenant Gets $60,000 in Attorneys' Fees in Case Involving Improper Deregulation

February 26, 2024    

Landlord sued tenant, seeking a declaration that his apartment was deregulated. Tenant claimed that he was rent stabilized and had been overcharged. He asked the court to dismiss the complaint, to find a rent...

Did Tenants Know Their Rights When They Relocated to Unregulated Apartment?

February 26, 2024    

In 2007, rent-stabilized tenants, who were husband and wife, relocated from their apartment to another unit in the building at the prior landlord's request. The new apartment was unregulated, and tenants received...

Landlord Can Get MCI Increase for New Intercom System

February 26, 2024    

Landlord applied to the DHCR for MCI rent hikes in 2011, based on installation of a new boiler, security system, intercom, and fencing. The DRA ruled for landlord in 2013, except that fencing costs were disallowed....

Court Refuses to Grant Mandamus Relief Against DHCR for Ruling on Demolition Application

February 25, 2024    

On March 2, 2021, DOB approved landlord's application to demolish an apartment building. At that time, only one rent-stabilized tenant remained in occupancy. In September 2022, landlord applied pursuant to RSC...