NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Apartment Occupant Can’t Appeal Owner Occupancy Award

March 17, 2016    

Landlord sued to evict rent-stabilized tenant for owner occupancy. The trial court ruled for landlord. Apartment occupant appealed and lost. Landlord showed a good faith intention to have her married daughter and son...

Eviction Proceeding Improperly Dismissed

March 17, 2016    

Landlord sued to evict tenant for illegal subletting. The court denied landlord’s request for a default judgment against tenant and granted the subtenant’s request to dismiss the case. Landlord appealed...

Apartment Should Be Rent Stabilized After Temporary Exemption

March 17, 2016    

Landlord sued to evict month-to-month tenant, claiming that tenant was unregulated. Tenant asked the court to dismiss the case, claiming that he was rent stabilized. The court ruled for tenant. Landlord appealed and...

Landlord Can Evict Tenant for Nonpayment of Rent

March 17, 2016    

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord. Tenant appealed and lost. Tenant’s pattern of default forced landlord to start five nonpayment proceedings over a...

Landlord Waived Right to Object to Tenant’s Dog

March 17, 2016    

Landlord sued to evict tenant for violating her lease by keeping a dog without landlord’s permission. The court ruled against landlord, who appealed and lost. Tenant showed that she had kept the dog openly and...

Tenant Lived in Other Apartment

March 16, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Landlord showed that tenant listed another address on his driver’s license, car registration,...

Tenant’s Son Can't Get NYCHA Apartment

March 16, 2016    

NYCHA tenant’s son claimed succession rights after tenant died. NYCHA ruled against the son, who then filed an Article 78 court appeal. The court ruled against the son. The son didn’t obtain NYCHA’s...

DHCR Reasonably Ruled That Daughter Gets Rent-Stabilized Apartment

March 16, 2016    

The daughter of a rent-stabilized tenant complained to the DHCR that she was entitled to succession rights and a renewal lease in her name. The DHCR ruled for the daughter. Landlord then filed an Article 78 court...

Tenant's Conduct Didn't Constitute Nuisance

March 16, 2016    

Landlord sued to evict tenant for creating a nuisance. The trial court ruled against landlord, who appealed and lost. Landlord failed to prove that tenant’s conduct rose to a level of recurring or continuing...

Grandniece Gets Rent-Stabilized Apartment

March 16, 2016    

Landlord sued to evict rent-stabilized tenant’s grandniece after tenant died. The grandniece claimed succession rights, and the court ruled in her favor. Landlord appealed and lost. The grandniece showed that...

Sons of Co-op Tenant Get Apartment

March 16, 2016    

The estate of deceased shareholder tenant sued landlord cooperative corporation for breach of the proprietary lease, claiming landlord unreasonably withheld consent of the estate’s assignment of the proprietary...

Landlord Not Responsible for Scalding Shower Water

March 16, 2016    

Tenant sued landlord and its heating service provider following injuries suffered when she was scalded by hot water when showering. Both landlord and the heating service provider asked the court to dismiss the case...