NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Managing Agents Couldn't Prove They Had No Control over Property at Time of Violations

January 22, 2024    

Tenants brought an HP proceeding in housing court in July 2023, based on Housing Maintenance Code (HMC) violations, including harassment, and seeking an order to correct violations and civil penalties. The case named...

Termination Notice Listed Incorrect Name for Tenant

January 22, 2024    

Landlord of an Orange County property sued to evict tenants after sending a 90-day termination notice. The court granted tenants' request to dismiss the case. Landlord's termination notice and petition listed...

Rent-Stabilized Renewal Lease Offer Without Previously Included Preferential Rent Was Improper

January 22, 2024    

Landlord sued to evict rent-stabilized tenant for refusing to sign a renewal lease offered by landlord. Tenant claimed that the renewal offer was improper. The court agreed and dismissed the case. Tenant's...

New Owner Seeking Eviction Didn't Show Prior Owner Was in Occupancy under Expired Agreement

January 8, 2024    

Landlord sued to evict the prior owner of a two-family house in 2020, after serving a 10-day notice to quit. Landlord claimed that the occupant had been a licensee, whose license had now expired since title passed to...

Is Ramp Installation to Accommodate Disabled Tenant Infeasible at Building?

January 8, 2024    

Tenant sued landlord for disability discrimination. She claimed that landlord violated the NYC Human Rights Law, which required landlord to make reasonable accommodations to the needs of persons with disabilities,...

Rent Reduction Proceeding Reopened Due to DHCR's Failure to Serve Co-op Unit Owner

January 8, 2024    

Rent-stabilized tenant of a cooperative apartment complained to the DHCR in 2021 of a reduction in required services. Tenant claimed that landlord failed to maintain the services of an attendant at the rear building...

Court Finds DHCR Negligent for Not Timely Processing 2016 Deregulation Application

January 5, 2024    

In May 2016, landlord timely applied to the DHCR for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled against landlord in November 2019, and dismissed the application...

Tenant Included No Overcharge Claim with His Lease Violation Complaint

January 5, 2024    

In 2013, tenant complained to the DHCR that landlord failed to offer him a rent-stabilized renewal lease. Tenant didn't complain at that time of rent overcharge but asked for a ruling that the unit was subject to...

Trial Needed to Determine Whether Landlord's Renewal Lease Offer Was Valid

December 20, 2023    

Landlord sued to evict rent-stabilized tenant based on tenant's failure to sign a renewal lease for the apartment. Tenant asked the court to dismiss the case, for permission to conduct discovery with respect to...

Tenants Must Present Indicia of Fraud to Apply Default Formula to Overcharge Claim

December 20, 2023    

Tenants sued landlord for rent overcharge. The court ruled for tenants without trial and set the matter down for a hearing to calculate overcharges under the default formula set forth in Rent Stabilization Code...

Tenant's Apartment Not Subject to Deregulation When J-51 Tax Benefits Expired

December 20, 2023    

Landlord sued tenant in State Supreme Court after sending tenant a termination notice before her one-year lease ended. Landlord claimed that tenant failed to vacate the apartment and sought to recover damages for...

Tenant Can't Sue Landlord for Removing Property After Court Ruling Permitted Removal

November 27, 2023    

Former tenant and another person sued landlord for breach of bailment and emotional distress, claiming that landlord had removed and damaged personal property from an apartment after tenant's eviction. Landlord...