NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Can Be Evicted for Family Member's Criminal Activity

February 17, 2014    

Landlord sued to evict Section 8 tenant for breach of her lease after tenant's family member was arrested and charged with conspiracy to commit murder in aid of racketeering. The court ruled for landlord without...

Retaliatory Eviction Not Valid Defense to Nonpayment Claim

January 15, 2014    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and delayed eviction to give tenant 15 days to pay the rent arrears. Tenant appealed and won, in part. Tenant claimed that the court...

Landlord Affiliate Not Responsible for Injury in Apartment

January 15, 2014    

Tenant's home health care worker sued tenant, landlord cooperative corporation, unit owner, the building's managing agent, and the managing agent's affiliated company for damages after she was injured in...

C of O Violation Doesn't Prevent Landlord from Pursuing Case

January 14, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case without a trial, claiming that the building had no valid Certificate of Occupancy (C of O) and that landlord therefore...

Landlord Can Evict Tenant for Chronic Nonpayment of Rent

January 14, 2014    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement placing tenant on probation. When tenant violated the agreement to pay rent on time, landlord sought...

Applicant with HIV/AIDS Can Pursue Discrimination Claim

January 14, 2014    

Prospective tenant sued landlord for housing discrimination after landlord refused to rent an apartment to her. Tenant was an indigent woman with HIV/AIDS. The court denied landlord's request to dismiss the case...

Tenants Attempt Class Action Based on Superstorm Sandy Damage

January 13, 2014    

Tenants filed a proposed class action against all New York State landlords and their managing agents, seeking rent rebates for violations of the warranty of habitability caused by Superstorm Sandy, as well as claims...

Tenant Erected Unauthorized Partition Wall

January 13, 2014    

Landlord of low-income cooperative building sued to evict tenant for violating her lease by erecting a partition wall without landlord's consent. Tenant claimed discrimination and retaliatory eviction. The court...

Rent-Stabilized Tenant Can Evict Subtenant

January 13, 2014    

Rent-stabilized tenant sued to evict subtenant. The trial court ruled for tenant. Subtenant appealed and lost. The subtenant claimed, but failed to prove, that she had any independent possessory claim to the...

Tenant Responsible Only for His Portion of Section 8 Rent

January 13, 2014    

Landlord sued to evict Section 8 tenant for nonpayment of rent. The court ruled for landlord and denied tenant's request to vacate the portion of a final judgment that awarded landlord $17,650. Tenant appealed...

Tenant Gets Full Abatement for Constructive Eviction Period

January 13, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement. The court ruled against landlord and for tenant, dismissed the petition, and...

Appellate Court Upholds Nonprimary Residence Ruling

January 13, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord, and the Appellate Term affirmed in response to tenant's appeal. Tenant appealed again. The Appellate...