NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Tenant Gets $6,000 Rent Abatement for Apartment Conditions

May 13, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent totaling $18,000, at $620 per month. Tenant denied the charge and claimed breach of the warranty of habitability, laches, and improper building...

Tax Form Listed Apartment for Commercial Use

May 13, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that no trial was needed because tenant deducted her entire apartment rent as a commercial expense on her tax returns. The...

Alleged Occupants Waited Too Long to Claim Rights to SRO Units

May 13, 2014    

In 2005, landlord sued to evict two occupants of combined SRO units after the permanent tenant of record died. The occupants claimed succession rights but failed to comply with court-ordered pre-trial questioning. In...

Tenant Refused to Certify Income for Federal Tax Credit Program

May 13, 2014    

Landlord sued to evict rent-stabilized tenant for failing to certify her household income after landlord started receiving federal low-income housing tax credits (LIHTC). Landlord claimed that tenant's refusal to...

Landlord Can Evict Tenant for Chronic Nonpayment of Rent

May 13, 2014    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a probationary settlement agreement in court by which tenant promised to pay rent on time or else face eviction. Tenant didn...