NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Rent-Stabilized Tenant Overcharged Roommate

June 11, 2015    

Rent-stabilized tenant sued to evict her roommate for nonpayment of rent. The roommate in turn claimed rent overcharge, breach of the warranty of habitability, and harassment.  The court ruled for roommate, in...

Landlord's Claim of Unauthorized Alterations Was Too Vague

June 11, 2015    

Landlord sued to evict rent-stabilized tenant for making unauthorized alterations to his apartment. The trial court ruled against landlord, who appealed and lost. Landlord admitted at trial that he visited tenant...

Court Awarded Attorney's Fees to Tenant Prematurely

June 11, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and sought attorney’s fees. In response to tenant’s request, the court dismissed the case without...

Landlord Didn't Prove Good-Faith Intent to Recover Apartment

June 11, 2015    

Landlord sued to evict rent-stabilized tenants in order to recover the apartment for use by his daughter and her family as their primary residence. The court ruled against landlord, who appealed and lost. Landlord...

Tenant Lived at Another Apartment with Boyfriend

June 11, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. The court reasonably found that tenant didn’t maintain a substantial,...

HPD Rent Adjustment Order Didn’t Invalidate DHCR Rent Reduction Order

June 11, 2015    

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants in 1993 and reduced their rents. In 2013, the DRA denied landlord’s application to restore rents, finding...

Tenant Claims Landlord Fraudulently Deregulated Apartment

May 19, 2015    

Tenant sued landlord, claiming that her apartment was improperly and fraudulently removed from rent stabilization. Landlord had registered the apartment with the DHCR as permanently exempt due to high-rent vacancy...

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...