NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Who Made Unauthorized Apartment Renovations Can Be Evicted

January 27, 2016    

Landlord cooperative corporation sued to evict shareholder tenant for making unauthorized renovations to her apartment. The parties signed a settlement agreement in court by which tenant agreed to hire a licensed and...

Apartment Remains Rent-Controlled After J-51 Benefits Expire

January 27, 2016    

Landlord, who owned a cooperative apartment occupied by rent-controlled tenant, applied for high-rent/high-income deregulation of tenant’s apartment in 2008. The DHCR ruled against landlord. Landlord had...

SCRIE Credit Must Be Applied Toward Tenant’s Preferential Rent

January 27, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The trial court dismissed the case. Landlord appealed and lost. Landlord claimed that it properly applied tenant’s SCRIE credit to her legal...

NYCHA Can Evict Tenant Who Started Fire in Apartment

January 27, 2016    

Tenant filed an Article 78 appeal of landlord NYCHA’s decision to terminate his tenancy. Tenant claimed that NYCHA violated federal, state, and city antidiscrimination laws and that its decision was...

Tenant's Grandson Can't Get NYCHA Apartment

January 27, 2016    

The grandson of NYCHA tenant sought succession to tenant’s apartment after tenant died. Landlord NYCHA denied the grandson’s remaining family member claim. The grandson filed an Article 78 court appeal,...

Landlord Didn't Prove Tenant Caused Water Leaks to Apartment Below

January 27, 2016    

Landlord sued to evict tenant for nuisance, claiming that on two occasions tenant used a washing machine in his apartment, causing water to enter a vacant apartment and a basement area of the building. The trial...

Rent Limits Set by Federal Law After Landlord Prepays Mortgage

January 25, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the agreement. The court ruled against tenant, who appealed and...

No Landlord-Tenant Agreement After Prior Landlord Didn't Renew Lease

January 25, 2016    

In May 2013 landlord sued to evict tenant for nonpayment of rent for the period between April 2010 through May 2013. Tenant asked the court to dismiss the case without a trial. She said she had received a Section 8...

Landlord Must Accept Back Rent DSS Issued to Tenant’s Domestic Partner

January 25, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later claimed that landlord refused to accept rent arrears payments in the form of public...

Tenant Claims Dog Needed as Assistance Animal

January 25, 2016    

Landlord sued to evict rent-stabilized tenant for keeping a dog without landlord’s prior written consent, in violation of tenant’s lease. The court appointed a guardian ad litem (GAL) for tenant. Landlord...

Landlord Can Evict Tenant After Repeated Defaults

January 25, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord got a judgment and warrant with execution stayed while tenant was to make payments by certain...

Landlord Can Seek Eviction of Bankrupt Tenant

January 25, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because she had filed for bankruptcy. The court ruled against tenant who appealed and won. Although tenant’s...