NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Rent Overcharge Resulted from Prior Rent Reduction Order

January 25, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent arrears totalling $5,760 in installment payments and landlord could execute...

Tenant's Sister Can't Get Rent-Stabilized Apartment

January 25, 2016    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant’s sister appeared and claimed succession rights. She claimed that she moved into the apartment when tenant did in 1979....

Landlord Must Refile Application to Add Garage

December 21, 2015    

Landlord of apartment complex asked the DHCR for permission in 2008 to modify courtyard services by building an underground parking garage under the courtyard. Entry and exits from the parking facility would take...

Tenant Evicted for Excessive Apartment Clutter

December 21, 2015    

Landlord sued to evict tenant for creating a nuisance based on a cluttered apartment condition. The parties signed a settlement agreement in court. Tenant was later evicted after failing to cure the condition. The...

Tenant Gets 25 Percent Rent Abatement

December 21, 2015    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for tenant in part and awarded some rent abatement for breach of the warranty of habitability. Tenant appealed and won, in part. The appeals...

Landlord Waited Too Long to Seek Rent Arrears

December 21, 2015    

Landlord sued to evict elderly, low-income tenant for nonpayment of rent. Due to an accounting error, landlord had undercharged, and tenant had underpaid, tenant’s SCRIE credit for the period between February...

Did Landlord Know About Lead Paint Condition?

December 15, 2015    

Brother and sister sued landlord for claimed injuries resulting from their childhood exposure to lead paint in their apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for...

Tenant Broke into Storage Room and Threatened Building Staff

December 15, 2015    

Landlord, a supportive housing facility for formerly homeless military veterans, sued to evict tenant for breach of lease and nuisance. The trial court ruled for landlord, who proved that tenant intentionally smashed...

Co-op Can Evict Shareholder Tenant for Nuisance

December 15, 2015    

Landlord cooperative corporation sued to evict shareholder tenants based on objectionable conduct. The court ruled for landlord. Tenant appealed and lost. Landlord co-op was entitled to terminate the proprietary...

Slope in Floor Was De Minimis Condition

December 15, 2015    

Tenant sued landlord for negligence, claiming that he fell in his apartment because of the sloping condition of the hallway floor, which caused his desk chair to roll. The court granted landlord’s request to...

Tenant Questions Apartment’s Deregulation

December 15, 2015    

Landlord sued to evict tenant, claiming that she was unregulated. Tenant claimed that she was rent stabilized. The court granted landlord’s request to strike this defense and denied tenant’s request for...

Tenant Hospital Records May Prove When Granddaughter Moved into Apartment

December 15, 2015    

Landlord sued to evict rent-stabilized tenant’s granddaughter after tenant died. At trial, landlord sought to introduce records from two hospitals showing tenant’s admissions in 2012 and 2013. The...