NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Evicted Housing Advocate Sues NYC Police for Rights Violations

June 12, 2014    

Tenant, a community advocate and housing specialist focusing on foreclosure and eviction prevention, sued the City of New York, several Housing Court judges, the police, and her former landlord. She claimed that,...

Tenant's Wife Seeks NYCHA Apartment

June 12, 2014    

NYCHA tenant's widow filed an Article 78 appeal of NYCHA's decision denying her request to remain in tenant's apartment as a remaining family member. The court ruled for the widow. Tenant moved into the...

Triple Damages Applied to Willful Rent Overcharge

June 12, 2014    

Rent-stabilized tenant sued landlord for rent overcharge. The court ruled for tenant but denied tenant's request for triple damages. Tenant appealed and won. Landlord made no effort to rebut the presumption of...

Tenant Injured by Scalding Water While Taking Shower

June 12, 2014    

Tenant sued landlord for negligence after suffering second- and third-degree burns while showering in his apartment. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't...

Landlord Improperly Terminated Tenant's Rent Subsidy

June 12, 2014    

Landlord sued to evict tenant of HUD project-based Section 8 housing for nonpayment of rent. Landlord had terminated tenant's rent subsidy after tenant failed to recertify her family composition and household...

Tenant with Vacation and Winter Homes Retained Primary Residence at Apartment

June 12, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant spent more than 183 days during the prior year living in East Hampton, N.Y., and Highland Beach, Fla. At trial,...

Tenant Who Took Rent Credits Can't Seek Prejudgment Interest

June 12, 2014    

Tenant sued landlord for prejudgment interest on a fair market rent appeal (FMRA) award as well as the outstanding balance of the FMRA award and attorney's fees. The court granted landlord's request to...

Is Landlord Responsible for Child's Fall from Staircase?

June 12, 2014    

Tenant sued landlord for negligence after her child fell over a railing on a landing to a set of stairs outside the building. Landlord claimed that it wasn't responsible for the child's injuries and asked the...

Trial Needed on Whether Tenant Forfeits Security Deposit

May 16, 2014    

Former tenant sued landlord in small claims court to recover his security deposit. The court ruled against tenant and dismissed the case. Tenant appealed, and the case was reopened. Landlord and tenant had signed an...

No Proof Tenant Violated Agreement to Keep Unit Uncluttered

May 14, 2014    

Landlord sued to evict rent-stabilized SRO tenant for creating a nuisance. Landlord claimed that tenant's unit was a "garbage dump," stacked from floor to ceiling with tenant's possessions. The room...

Previously Incarcerated Son Claims Pass-On Rights

May 14, 2014    

Landlord sued to evict apartment occupants after rent-stabilized tenant died. Landlord and the occupants, including tenant's daughter, signed a settlement agreement in court in February 2013. They agreed to...

Tenant Killed in Apartment Fire

May 13, 2014    

Tenants sued landlord NYCHA for negligence based on death and injuries caused by an apartment fire. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court...