NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Subsequent Order Ending Guardianship for Tenant Didn't Require Vacatur of Prior Stipulation

November 27, 2023    

Landlord sued to evict tenant for nonpayment of rent. After the court granted landlord's request to execute a warrant of eviction in October 2022, tenant appealed and lost. Tenant's Article 81 guardian,...

Tenant Can Pursue Damages for Breach of Warranty of Habitability in Other Court Action

November 27, 2023    

Tenant sued landlord in State Supreme Court, claiming ongoing damages due to breach of the warranty of habitability. The court dismissed the case because tenant had already obtained relief against landlord in a...

Landlord's Issuance of Rent Demand During Eviction Proceeding Vitiated Termination Notice

November 27, 2023    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. At trial, the tenant below testified that he heard running, screaming, banging, and ball playing at various times and had trouble sleeping as a...

Court Action for Back Rent Stayed Pending Outcome of Eviction Proceeding

November 27, 2023    

Landlord sued tenant in State Supreme Court based on tenant's breach of lease and nonpayment of rent, seeking a total of $60,650 in back rent. Landlord asked the court for a default judgment against tenant when...

Landlord Must Pursue Ejectment Action to Evict Rent-Stabilized Tenant for Nuisance

November 27, 2023    

Landlord sued to evict rent-stabilized tenant for creating or permitting a nuisance. After trial, the court found that the tenant had engaged in a number of incidents of threatening and harassing conduct toward the...

DHCR Properly Restored Tenant's Rent After Tenant Refused to Give Access for Repairs

November 27, 2023    

The DHCR's Rent Administrator issued a rent reduction order for rent-stabilized tenant's apartment in 2021 based on a reduction in services. Landlord later filed an application to restore rent, claiming that...

Tenants Presented Insufficient Proof of Fraudulent Scheme to Deregulate Apartments

November 26, 2023    

Tenants sued landlord, claiming rent overcharge and a fraudulent scheme to deregulate their J-51 building apartments. The court ruled for tenants, finding that proof of a building-wide fraudulent scheme required...

Tenant Claims Rent Concession Was Preferential Rent

November 26, 2023    

Rent-stabilized tenant sued landlord in State Supreme Court, claiming rent overcharge. Tenant proposed that the case be a class action for all building tenants, claiming that landlord collected improper rents while...

Court Denies Request for Discovery Made by Tenant Claiming Fraudulent Rent Overcharge

November 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response and among other things, tenant claimed fraudulent rent overcharge. Tenant asked the court for permission to conduct discovery reaching...

Unit Rented by Nonprofit for Supportive Housing Was Subject to Rent Stabilization

November 26, 2023    

Landlord sued apartment tenant, which was a nonprofit organization that rented the unit to provide supportive housing to its occupant. Landlord sought a declaratory judgment that the apartment wasn't rent...

Disputed Claims of Improper Deregulation Required More Fact-Finding

November 25, 2023    

Tenants of two apartments in the same building sued landlord in November 2019 for rent overcharge and improper deregulation of their apartments. They claimed that they were rent stabilized and asked the court to rule...

Building Never Had Six or More Units Occupied or Intended for Occupancy

November 25, 2023    

Landlord sued to evict unregulated tenant. In response, tenant claimed that she was subject to rent stabilization because the building contained six or more housing accommodations. The court ruled for landlord...