NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Emotionally Disturbed Tenant Harassed Building Staff and Neighbors

April 16, 2015    

Landlord sued to evict 79-year-old rent-controlled tenant for creating a nuisance. Landlord claimed that tenant harassed and interfered with the building super's performance of his duties and made loud noises...

No Proof Tenant of Former 421-a Building Was Rent Stabilized

April 16, 2015    

Landlord sued to evict unregulated tenant after tenant's lease expired. The court ruled for landlord. Tenant appealed and lost. Tenant claimed that she and landlord had verbally agreed to extend her lease for...

Landlord Not Responsible for Tenant's Fall in Laundry Room

April 16, 2015    

Tenant sued landlord after she slipped and fell in the building laundry room. Landlord asked the court to dismiss the case without a trial. The court and appeals court ruled for landlord and found it wasn't...

Lease Guarantor Not Responsible for Damage to Apartment

March 24, 2015    

Landlord sued lease guarantor to recover damages to the apartment after tenant moved out. The guarantor claimed that she wasn't responsible. The court ruled for the guarantor. Landlord appealed and lost. The...

Eleventh Amendment Bars Tenant's Federal Lawsuit Against Judges

March 18, 2015    

Tenant sued Appellate Term judges, court clerk, and landlord's attorneys in federal court, based on decisions against him in eviction proceedings. The court dismissed the case. Among other things, the court ruled...

Occupant Can't Stop Eviction Proceeding in Federal Court

March 18, 2015    

A family member claiming succession rights sued landlord NYCHA in federal court, in connection with a pending eviction proceeding commenced by NYCHA against him. The family member claimed that he had been...

Court Finds Tenant Lives Elsewhere with Her Husband

March 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant was a self-employed artist who had succeeded to the apartment as a family member of the prior rent-stabilized tenant. Landlord claimed...

Four-Year Rule Didn't Apply Due to Landlord's Fraud

March 18, 2015    

Tenant moved into a rent-stabilized apartment in November 2003 at a rent of $1,800 per month. In December 2003, landlord registered the apartment with the DHCR, stating that a prior tenant paid $1,000...

Tenant Gets 15-20 Percent Rent Abatement for Roof Leaks

March 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement.

Landlord Didn't Prove Breach of Probationary Stipulation

March 18, 2015    

Landlord sued to evict rent-stabilized tenant for creating a nuisance due to tenant's behavior. Landlord and tenant signed a probationary settlement agreement in court. Tenant agreed to refrain from the...

Traverse Hearing Needed to Show Whether Tenant Defaulted

March 18, 2015    

Landlord sued to evict tenant for nonpayment. The court ruled for landlord based on tenant's failure to answer the petition. Tenant then asked the court to vacate the default, claiming that he had an excuse for...

Super Subject to Rent Stabilization After Employment Ended

March 17, 2015    

Landlord sued to evict former building super from Room A1 after the super's employment was terminated. The super claimed that he was previously rent stabilized and therefore again subject to rent stabilization....