NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord's Default Vacated in HP Proceeding

April 23, 2015    

Co-op shareholder tenant sued landlord cooperative corporation in housing court, seeking certain repairs. The court ruled for tenant based on landlord's failure to appear. Landlord later asked the court to vacate...

Tenant's Son Claims Illegal Lockout

April 23, 2015    

Rent-controlled tenant's son sued landlord for illegal lockout after tenant died. The court granted landlord's request to dismiss the case without a trial. The son appealed, and the case was reopened. There...

Tenant Claims Garage Space Was Required Ancillary Service

April 23, 2015    

Landlord brought a commercial eviction proceeding against rent-stabilized tenant after terminating tenant's garage lease. Landlord asked the court to rule in its favor without a trial. The court ruled for...

No Proof Tenant Advised Landlord of Apartment Conditions

April 23, 2015    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord and dismissed tenant's claim. Tenant appealed and lost. The trial court...

Was Landlord Responsible for Dog Attack at Building?

April 19, 2015    

Tenant's home care aide sued another tenant and landlord's property manager after she was attacked by the other tenant's dog--an American Staffordshire Terrier--in the building courtyard. The property...

Landlord Can't Evict Tenant Who Didn't Know About Son's Drug Activity

April 19, 2015    

Landlord sued to evict tenant for illegal use of her rent-stabilized apartment based on drug trafficking. The court ruled for landlord after a trial. Tenant appealed and won. Even if there was sufficient proof that...

Tenant Claims No Illegal Sublet or Profiteering

April 18, 2015    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting and profiteering. The court ruled for landlord based on tenant's default. Tenant appealed, and the case was reopened. Tenant's...

Tenant's Daughter Can't Get Rent-Controlled Apartment

April 18, 2015    

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed succession rights. The court ruled for landlord after a trial. Tenant died in 2009. Landlord brought the eviction...

Tenant's Son Gets Rent-Controlled Apartment

April 18, 2015    

Landlord sued to evict rent-controlled tenant's son after tenant died. The son claimed succession rights. The court ruled for tenant's son after trial. Tenant died in 1997. The son showed that he lived in the...

Landlord Didn't Prove Good Faith Intent to Recover Apartment for Daughter

April 16, 2015    

Landlord sued to evict rent-stabilized tenant so that his adult daughter could live in the apartment with her husband. The court ruled against landlord and dismissed the case. At trial, landlord and his daughter...

Tenant Primarily Resides in Massachusetts Home

April 16, 2015    

(Decision submitted by Gerald Shapiro of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.)

SRO Occupant Under HRA Agreement Became Permanent Hotel Tenant

April 16, 2015    

Landlord sued to evict SRO housing occupant, claiming that he was a licensee whose license had expired. Occupant claimed that he was a rent-stabilized tenant and that landlord had refused to give him a lease....