NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Illegally Locked Out Rooming House Occupant

December 16, 2014    

Rooming house occupant sued landlord, claiming that he was a tenant illegally locked out by landlord. Landlord claimed that occupant was a licensee whose license was properly terminated. In April 2014, landlord...

Landlord Not Responsible for Tenant's Death During Heat Wave

December 16, 2014    

Disabled, wheelchair-bound tenant suffered a heat stroke and died in June 2008. His family sued landlord, claiming that landlord was responsible for tenant's death. Landlord was in the process of changing the...

Tenant Gets Attorney's Fees in Overcharge Proceeding

December 7, 2014    

Rent-stabilized tenant complained of rent overcharge in 2008. The DRA ruled for tenant and ordered landlord to refund the overcharge with triple damages. Tenant appealed, claiming that there was further overcharge...

Section 8 Tenant Not Responsible for Full Rent After Subsidy Terminated

December 7, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant had received a Section 8 subsidy in the past, but landlord now sought the full rent arrears from tenant. The court ruled for landlord. Tenant appealed and...

Loft Subtenant Claims Illusory Tenancy

December 7, 2014    

Loft tenant sued to evict subtenant. The subtenant claimed illusory tenancy and that tenant engaged in unlawful rent profiteering after moving out of the loft. Subtenant also asked the court to delay any...

Landlord Waited Too Long to Seek Eviction for Harboring Dog

December 7, 2014    

Landlord sued to evict tenant for keeping a dog in violation of tenant's lease. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant, who appealed and won. Landlord sent...

Tenant in Co-op Building Can Cure Failure to Renew Lease

December 7, 2014    

Landlord, the proprietary lessee and shareholder of a cooperative apartment, sued to evict tenant for refusing to sign an offered renewal lease. The court granted tenant's request to dismiss the case. Landlord...

Tenants Can't Sue HUD, DHCR for Submetering Clause in Lease

November 25, 2014    

Tenants and former tenants of Yonkers Section 8 apartment complex sued HUD and the DHCR. Landlord had submetered electricity at the buildings when it refinanced the building in 2008 and, under a lease form mandated...

Co-op Can't Evict Daughter After Shareholder Dies

November 25, 2014    

Landlord sued to evict the daughter and estate executor from co-op shareholder's apartment after the shareholder died. The court ruled against landlord, who appealed and lost. Landlord claimed that the daughter...

Landlord Not Responsible for Subtenant's Bathtub Injury

November 24, 2014    

Subtenant sued landlord for negligence after he fell while exiting the bathtub in tenant's apartment. He claimed that the water became extremely hot while he was in the shower and he fell when he pulled the...

Tenant Trips and Falls on Ramp Outside Building

November 24, 2014    

Tenant sued landlord after he tripped and fell over a ramp outside landlord's building. The court granted landlord's request to dismiss the case without a trial. Tenant appealed, and the case was...

Landlord Can Use Recent Videotape to Rebut Tenant's Claim

November 24, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant hadn't been seen at the building for six months and that she lived in another apartment in the city with her...