NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Forfeits Security Deposit After Early Move-Out

January 21, 2015    

Former tenant sued landlord for return of his security deposit. The court ruled against tenant and granted landlord's counterclaim for unpaid rent. Tenant appealed and lost. Tenant had moved out of the apartment...

Mitchell-Lama Conversion to Private Co-op Not Taxable Real Estate Transfer

January 21, 2015    

Trump Village, a Brooklyn housing development since 1961, left the Mitchell-Lama program in 2007 to become a private cooperative building by paying the mortgage, dissolving, and then reforming as a...

Tenant Must Stop Short-Term Rentals While Eviction Case Is Pending

January 21, 2015    

Landlord sued to eject rent-controlled tenant for renting out rooms in her apartment via Airbnb to tourists and others for short-term stays. Landlord asked the court to issue a temporary injunction against tenant...

Cigarette Smoke Odor from Tenant's Apartment Not Proved Hazardous

January 21, 2015    

Landlord, the shareholder and proprietary lessee of a cooperative apartment, sued to evict tenant for violating the building's house rules. Landlord claimed that tenant unreasonably allowed cigarette smoke to...

Landlord Thwarted Tenant's Rent Payment from Lawful Source

January 21, 2015    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, giving landlord a judgment of possession and money judgment of $4,900. Tenant could avoid eviction by...

Tenant Can't Vacate Settlement Agreement

January 21, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of three months' rent. Landlord learned that tenant had died only when her son appeared in court and claimed that he had succession rights to the...

Did Landlord Wait Too Long to Seek Eviction?

January 21, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent totalling $52,000. Landlord had refused to accept rent directly from tenant's daughter, who claimed succession rights. Tenant asked the court...

Landlord Not Responsible for Attack on Tenant in Building

January 20, 2015    

Tenant sued landlord for damages after she was attacked in her apartment building, claiming that landlord provided inadequate building security. Landlord claimed that it wasn't responsible and asked the court to...

Tenant Moved Within Building at Landlord's Request

January 20, 2015    

Landlord of cooperatively owned apartment sued to evict tenant, who claimed that she was rent stabilized. The court ruled for tenant without a trial. Landlord appealed and lost. After the building was converted to a...

Landlord Shows Tenant Virtually Abandoned Apartment

January 20, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Among other things, landlord presented compelling photographs that showed that...

Did Preferential Rent Agreement Extend for Entire Tenancy?

January 20, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that he didn't owe the amount claimed due because he had a preferential rent that continued past his prior lease term. Tenant...

Landlord Can Evict Tenant for Chronic Nonpayment of Rent

January 20, 2015    

(Decision submitted by Todd I. Nahins of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., attorneys for the landlord.)