NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Unsigned Settlement Agreement Enforceable

November 19, 2015    

Landlord sued to evict rent-stabilized tenant for owner occupancy. After settlement negotiations, landlord refused to sign a stipulation of settlement. Tenant asked the court to enforce the settlement agreement and...

Tenant Moved to Florida Before Lease Nonrenewal Notice Sent

November 19, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court dismissed the case after a trial. Landlord appealed, and the case was reopened. Landlord showed that tenant permanently vacated the...

New Trial Needed on Whether to Evict Tenant for Illegal Drug Activity

November 19, 2015    

Landlord sued to evict tenant for illegal drug activity in a public housing apartment. The court ruled for landlord after a trial, finding that the apartment was used for the illegal business of packaging cocaine for...

Rent-Controlled Tenant’s Nephew Has No Succession Rights

November 19, 2015    

Landlord sued to evict apartment occupant, who was tenant’s nephew, after rent-controlled tenant died. The nephew claimed succession rights. He had moved into the apartment in 2010 as a companion to tenant, who...

SRO Hotel Guest Who Requests Lease Becomes Permanent Tenant

November 19, 2015    

Occupant, a taxi driver, checked into SRO hotel at 3 p.m. for the night of Aug. 3, 2015, and paid for the room. On that date, occupant gave landlord a written request to become the permanent tenant of the room by...

Landlord Must Produce Rent History Records

November 19, 2015    

Landlord sued to evict improperly deregulated tenant of a building receiving J-51 benefits. Tenant claimed that she was rent stabilized and that there was a rent overcharge. The court and appeals court ruled that...

Tenant Awarded $26,950 in Attorney's Fees

November 19, 2015    

Landlord sued to evict tenant and lost after trial. The court then awarded tenant $26,950 in attorney’s fees. Landlord appealed, claiming that it wasn’t given a hearing on whether the attorney’s fee...

Landlord Without Valid Deed Can't Evict Tenant

October 23, 2015    

Landlord sued to evict month-to-month tenant from one-family house. The “tenant” claimed that he had rented the house from prior landlord under a 10-year lease with an option to renew or purchase the...

Tenant Who Deducted Rent as Business Expense Can’t Claim Primary Residence

October 23, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial, finding that tenant lived in the subject apartment and not at his wife’s apartment...

Court-Approved Agreement to Deregulate Apartment Is Void

October 23, 2015    

Landlord and tenant settled a prior eviction proceeding based on owner use in court. Tenant received a 10-year unregulated lease, with a five-year renewal option. Tenant also “waived” all rights under...

Former Roommate Entitled to Compensation from Tenant

October 23, 2015    

Tenant’s roommate left the apartment for vacation travel in October 2014 but was unable to return to New York until January 2015. She sought to make arrangements for the return of her personal property from...

Landlord Gets Minor Set-Off to Security Deposit Refund

October 23, 2015    

Former tenant sued landlord in small claims court to recover his security deposit. The court ruled for tenant in part, awarding him $1,729 after set-offs. Landlord appealed and lost. Landlord claimed that tenant...