NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Did Mitchell-Lama Landlord Properly Collect HUD Excess Rent?

February 16, 2016    

Mitchell-Lama tenants brought a combined Article 78 proceeding and court action against landlord, claiming that landlord improperly increased their rents. Tenants claimed that landlord’s original mortgage was...

Did Landlord Create Condition That Caused Stairway Slip-and-Fall?

February 16, 2016    

Tenant sued landlord for negligence after a slip-and-fall in the building stairway. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible for tenant’s injury....

Landlord Discriminated Against Prospective Tenant Based on Familial Status

February 16, 2016    

Landlord appealed the decision by the State Human Rights Commission that landlord discriminated against prospective tenant based on familial status and which awarded tenant $5,000 for mental anguish. The court ruled...

Agent Refused to Show Apartment to Tenant with Child

February 16, 2016    

The NYC Human Rights Commission ruled that landlord violated the city Human Rights Law by refusing to rent to prospective tenants who expected a baby, and ordered landlord to pay $5,000 in compensatory damages and...

NYCHA Tenant's Stepdaughter Can't Get Apartment

February 16, 2016    

NYCHA apartment occupant claimed succession rights after her tenant-stepfather died. Landlord NYCHA ruled against occupant after a hearing. Occupant then filed an Article 78 court appeal and lost. NYCHA’s...

Did Landlord Have Notice of Urine in Stairwell?

February 16, 2016    

Tenant sued landlord for negligence after falling in a building stairwell. Landlord claimed that it wasn’t responsible and asked the court to dismiss the case. The court ruled against landlord, who appealed and...

Landlord Can Evict Tenant Who Refused to Sign Renewal Lease

February 16, 2016    

Landlord sued to evict rent-stabilized tenant for failing to renew her expiring lease. The court ruled for landlord but gave tenant a right to cure and to sign the renewal lease. Tenant appealed and lost, but the...

Evicted Tenant Resumes Rent-Controlled Status When Restored to Possession

February 16, 2016    

Landlord filed an Article 78 appeal of the DHCR’s decision that an apartment remained subject to rent control and that landlord wasn’t entitled to rent increases for certain apartment renovations. The...

Is Building Operated for Charitable Purpose Exempt from Rent Stabilization Despite J-51?

February 16, 2016    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant’s request to dismiss the case after landlord presented its side of things. Landlord appealed, and the case was reopened. Landlord...

Tenant Claims Landlord Responsible for Slip-and-Fall

January 27, 2016    

Tenant sued landlord for negligence after she slipped and fell in the building’s “garbage room.” The court granted landlord’s request to dismiss the case without a trial. Tenant appealed, and...

Roommate Can't Vacate Settlement Agreement

January 27, 2016    

Landlord sued to evict tenant and other apartment occupant. Landlord and tenant’s roommate signed a settlement agreement in court by which the roommate agreed to vacate by a certain date. The roommate later...

Tenant Didn't Move Out by Date Set in Court Stipulation

January 27, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Among other things, the agreement provided that landlord would forgive rent arrears but if tenant didn...