NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Can't Default Tenant for Not Making Interim Rent Payment

February 19, 2014    

Landlord sued to evict month-to-month tenant. Tenant claimed that he had a five-year renewal option after his leases expired in 2009 and that he had renewed the lease. Landlord argued that the renewal option was...

Tenant Can Join Mt. Vernon Building Department to Nonpayment Case

February 19, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that it had an oral lease with tenant, by which tenant agreed to pay a monthly rent of $800. Landlord said that tenant owed $4,...

Eviction Warrant Reinstated After Bankruptcy Case Completed

February 17, 2014    

Landlord asked the court to reconsider an order vacating a default judgment of possession and eviction warrant that were entered after tenant filed for bankruptcy. The court ruled for landlord and reinstated the...

Insufficient Proof of Chronic Nonpayment of Rent

February 17, 2014    

Landlord sued to evict elderly Section 8 tenant for chronic nonpayment of rent. Landlord claimed that, since 1991, it had to sue tenant for nonpayment at least 12 times. The court granted tenant's request to...

Tenant Gets Stay of Eviction in Bankruptcy Court

February 17, 2014    

Landlord public housing authority sued to evict tenant for nonpayment of rent. The housing court ruled for landlord. After judgment was entered but before she was evicted, tenant filed for Chapter 7 bankruptcy relief...

Tenant Gets Attorney's Fees After Defeating Breach-of-Lease Claim

February 17, 2014    

Landlord sued to evict tenant for breach of lease based on unauthorized alterations to the apartment. The trial court ruled for tenant and dismissed the case. The court found that the alterations had been authorized...

Housing Program Residents Claim Harassment, Unlawful Evictions, Other Abuses

February 17, 2014    

Former and current residents of "three-quarter houses" in Brooklyn and Queens sued housing operators, claiming deceptive business practices, unconscionable contracts, harassment and unlawful eviction,...

Court, Not DHCR, Must Rule on Tenants' Overcharge Claims

February 17, 2014    

Tenants sued landlord for rent overcharge in Civil Court. The court referred the overcharge claims to the DHCR and otherwise marked the case off calendar pending the DHCR's determination. Tenants appealed,...

Tenant Challenges Landlord's Claimed High-Rent Vacancy Deregulation

February 17, 2014    

Landlord sued to evict tenant after tenant's lease expired. Landlord claimed that tenant was unregulated. Tenant claimed that he was subject to rent stabilization and that he had been overcharged. Both sides...

Co-Tenant Added After J-51 Benefits Expired Remains Rent Stabilized

February 17, 2014    

Landlord sued to evict tenant Orenstein after tenant's lease expired. Landlord claimed that the apartment wasn't subject to rent regulation. Tenant claimed that she was rent stabilized because the building...

Landlord Could Collect Renewal Lease Rent Upon Rent Restoration

February 17, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed over $2,000 in back rent for the period between October 2012 and January 2013. Landlord claimed that tenant'...

Tenant's Niece Can't Get Rent-Stabilized Apartment

February 17, 2014    

Landlord sued to evict rent-stabilized tenant's niece after tenant died. The niece claimed succession rights to the apartment. The court ruled for landlord without a trial. The niece appealed and lost. Since...