NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Landlord Could Restore Case Marked Off Calendar

April 23, 2015    

Landlord sued to evict various rent-stabilized tenants for owner occupancy purposes. The cases were consolidated in housing court and were set for trial when the parties marked the matter off calendar after telling...

Tenant Spent Substantial Time Working in Argentina

April 23, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after a trial. Tenant appealed and lost. Tenant was absent from the apartment for nine months during 2009, eight...

Successor Tenant Not Responsible for Rent Accrued Before She Signed Lease

April 23, 2015    

Landlord sued to evict project-based Section 8 tenant for nonpayment of rent. Tenant claimed that she didn't owe any rent for periods prior to April 16, 2012. The court agreed with tenant and dismissed this...

Mitchell-Lama Tenant's Daughter Was Given Shares in Apartment

April 23, 2015    

After Mitchell-Lama tenant died, HPD issued an order stating that tenant's daughter didn't have succession rights and could be evicted. The daughter filed an Article 78 appeal, claiming that HPD's...

Tenant Claims Landlord Responsible for His Slip and Fall on Ice

April 23, 2015    

Tenant sued landlord for negligence after he slipped and fell on ice in front of his building. Landlord asked the court to dismiss the case without trial, claiming that it wasn't responsible. The court ruled...