NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Delivery Person Injured by Slipping Carpet on Building Staircase

May 19, 2015    

A worker making a delivery to tenant in landlord's building tripped over mislaid or raised carpet on the building staircase. The worker sued landlord for negligence. Landlord asked the court to dismiss the case...

Was Landlord Liable for Children's Exposure to Lead Paint?

May 19, 2015    

Former tenant sued landlord for negligence and violation of lead paint laws, based on her children's exposure to lead-based paint in their apartment. Landlord asked the court to dismiss the case without trial,...

Landlord Can Recover Rent-Stabilized Apartment for Daughter's Use

May 14, 2015    

Landlord sued to evict rent-stabilized tenant in order to recover the unit for use by his daughter. The trial court ruled for landlord. Tenant appealed and lost. The trial court found that landlord was acting in good...

Tenant Can Seek Relocation Expenses in HP Proceeding

May 14, 2015    

Tenant brought an HP proceeding against landlord, seeking correction of building violations. Landlord, tenant, and HPD signed a Consent Order for correction of the violations issued by HPD in November 2014 and a...

Landlord Didn't Send Cure Notice to Former Rent-Stabilized Tenant

May 14, 2015    

Prior landlord signed a relocation agreement with rent-stabilized tenant by which tenant agreed to move into a condominium apartment in exchange for consideration and subject to certain conditions. Under the...

No MCI Increase for New Roof that Leaked

May 14, 2015    

Landlord applied to the DHCR for MCI rent hikes based on pointing and roof work. The DRA ruled for landlord in part but disallowed any increase for asbestos work and permit fees. Tenants appealed, claiming that the...

Non-Purchasing Tenant in Nonprofit Co-op Remains Rent Stabilized

May 14, 2015    

Landlord cooperative corporation sued to evict month-to-month tenant. Tenant claimed that she was rent stabilized. The court ruled for tenant after trial and dismissed the case. Tenant had lived in the building for...

Tenant's Brother Gets Rent-Controlled Apartment

May 13, 2015    

Rent-controlled tenant's brother claimed succession rights to the apartment. The DHCR ruled for the brother. Landlord filed an Article 78 appeal and lost. The brother showed that he had lived in the apartment as...

Landlord Seeks Eviction Because Child Occupied SRO Unit

May 13, 2015    

Landlord sued to evict SRO hotel tenant for illegal occupancy because a 6- or 7-year-old child was living in the unit in violation of Housing Maintenance Code Section 27-2076(b). The court granted tenant's...

Rent Wasn't High Enough for Vacancy Deregulation

May 13, 2015    

Tenant sued landlord for rent overcharge, claiming that he was subject to rent stabilization. Landlord claimed that tenant was unregulated. The court ruled for landlord and dismissed the case. Tenant appealed and won...

Tenant Claims Child Harmed by Lead-Based Paint in Apartment

April 23, 2015    

Former tenant sued landlord, claiming that lead paint violations had injured her child. Tenant also claimed negligence and breach of the warranty of habitability. The court denied tenant's request to decide the...

Court Finds No Indicia of Fraud in Connection with Overcharge Claim

April 23, 2015    

Landlord sued to evict deregulated tenants for nonpayment of rent. In a request to amend their answer to the petition, tenants claimed that they were rent stabilized and questioned whether the apartment was properly...