NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Renewing Rent-Stabilized Lease Didn't Waive Chronic Nonpayment Claim

January 20, 2015    

(Decision submitted by Paul Gruber of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., which represented the landlord.)

Case Dismissed for Failure to Send Notice to Cure

December 23, 2014    

Landlord sued to evict rent-stabilized tenant based on unauthorized subletting of the apartment. The court dismissed the case because landlord failed to send tenant a notice to cure before terminating the tenancy....

Tenant Gets 40 Percent Rent Abatement for Apartment Conditions

December 23, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant, who had three minor children, claimed breach of the warranty of habitability and requested a rent abatement. The court ruled for tenant...

Tenant Can Keep Barking Dog that Improved Over Time

December 18, 2014    

Landlord sued to evict rent-stabilized tenant for breaching her lease and creating a nuisance. Landlord claimed that tenant kept a dog in her apartment that barked excessively. The court ruled against landlord after...

Tenant Claims Landlord Responsible for Noisy Neighbor

December 18, 2014    

Tenant-shareholder sued landlord cooperative corporation. She claimed that landlord rented the apartment above her to an individual who caused continuous noise for six months and that landlord took no steps to abate...

Tenant Temporarily Absent from Apartment Due to Medical Condition

December 18, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant lived in a Los Angeles hotel for at least a year, hadn't voted in New York City since 1984, didn't have...

Tenants Can Bring Class Action Based on Unlawful Deregulation and Rent Overcharge

December 18, 2014    

Rent-stabilized tenants in three separate cases sued landlords for reimbursement of rent overcharges and asked that the cases be declared class actions. The court and appeals court ruled for tenants in two cases. In...

NYCHA and Tenants Settle Dispute Over Emergency Transfer Procedures

December 17, 2014    

Tenants sought to bring a class action in federal court, claiming that NYCHA failed to process their requests to transfer apartments under the Section 8 program in a timely manner. The court ruled for tenants to the...

Tenant Can Be Evicted for Creating Unsanitary Conditions

December 17, 2014    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant kept both himself and the apartment in an unsanitary condition. At trial, four tenants and landlord's managing...

Tenant Restored to Possession After HRA Agrees to Pay Rent Arrears

December 17, 2014    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent arrears by a certain date or else face eviction. Tenant later was evicted...

Tenant with Overcharge Claim Can Vacate Settlement Agreement

December 17, 2014    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to move out and landlord was granted a judgment of possession. Tenant later...

Co-op Shareholder Tenant Allowed to Cure Illegal Sublet

December 17, 2014    

Landlord sued to evict cooperative shareholder-tenant for unauthorized subletting. The court ruled for landlord but delayed the eviction through Oct. 31, 2012, to give tenant a chance to cure the condition. Tenant...