NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Proves Intent to Live in Tenant's Apartment

November 20, 2015    

Landlord sued to evict rent-stabilized tenant so that he, his wife, daughter, and son could live in tenant’s apartment. Landlord’s lease nonrenewal notice stated that landlord intended to live with those...

Landlord Not Responsible for Super’s Attack on Tenants

November 20, 2015    

Tenants sued landlord for negligence, claiming that the building super assaulted them by intentionally throwing a chemical drain unclogging agent at them. Landlord claimed that it wasn’t responsible, and the...

Tenant Didn't Prove Value of Items Damaged by Apartment Leak

November 20, 2015    

Tenant sued landlord in small claims court for $500 in damages caused by a leak in his apartment. The court ruled against tenant, who appealed and lost. Even if tenant proved that landlord was responsible for the...

NYCHA Tenant's Daughter Can't Get Apartment

November 20, 2015    

Tenant’s daughter appealed NYCHA’s decision that she didn’t qualify for succession rights after tenant died. The court ruled against the daughter. The daughter didn’t occupy the apartment with...

Tenant Not Responsible for Remaining Lease Term Rent After He Moved Out

November 19, 2015    

Landlords sued former tenant in small claims court, to recover unpaid rent for the four months that remained on tenant’s lease after tenant moved out. Landlord also claimed property damage. The court ruled...

Landlord Can Evict Tenant for Chronic Nonpayment of Rent

November 19, 2015    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent by the fifth of each month or face eviction, and that “time is...

Tenant and Family Were Properly Evicted Under Warrant

November 19, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, entered a final judgment of possession and approved an eviction warrant. Tenant and a family member were then...

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...