NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenants' Association Can't Appeal DHCR Decision Without Attorney

December 15, 2013    

After the DHCR granted landlord's application for MCI rent hikes, the building's tenants' association filed an Article 78 appeal, challenging the rent increases. The court and...

HUD Tenant Didn't Disclose Disqualifying Income

December 15, 2013    

Landlord sued to evict HUD tenant for material noncompliance with his lease. The trial court ruled for landlord. Tenant appealed and lost. In both his initial 2002 application and in subsequent annual income...

Tenant's Domestic Partner Gets Apartment

December 15, 2013    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights and asked the court to dismiss the case based on documents and without a trial. She claimed that...

Landlord Can't Seek Damages from Tenant That Ran Homeless Shelter

December 15, 2013    

Landlord sued the City of New York, its Department of Homeless Services, and the Salvation Army, which had leased landlord's building. Tenant operated a homeless center there under an agreement with the...

Landlord Fined for Contempt

November 18, 2013    

Tenant sued landlord, seeking correction of HPD violations in his apartment. Landlord initially failed to appear in court and later signed a court-ordered settlement agreement with tenant and HPD after tenant asked...

Lease Signed Without HPD Approval Was Void

November 18, 2013    

The City of New York owned a building that was net leased to tenants' association under HPD's Tenant Interim Lease (TIL) program. Tenants' association then became the building's landlord. In 2004,...

Super Improperly Installed A/C in Tenant's Apartment

November 18, 2013    

Landlord sued tenant for damages of $6,000 and one month's unpaid rent after an air conditioner fell from tenant's fifth-floor apartment window and through a lower-floor skylight. The court ruled for landlord...

Bankruptcy Stay Vacated

November 15, 2013    

After tenant's lease expired on Dec. 31, 2011, landlord started an eviction proceeding against tenant. In March 2013, the housing court ruled for landlord but stayed eviction for six months until September 2013,...

Landlord's Attorney Didn't Violate FDCPA

November 15, 2013    

Tenants sued landlord's attorney, claiming violations of the Fair Debt Collection Practices Act (FDCPA). The attorney represented landlord in a real estate closing. Tenants in the building had stopped paying rent...

NYCHA Tenant's Subsidy Can Be Terminated for Fraud

November 15, 2013    

NYCHA terminated tenant's Section 8 rent subsidy on the grounds of fraud. Tenant appealed and lost. Substantial evidence supported NYCHA's decision. Tenant engaged in a scheme with his landlord to submit...

Tenant Waited Too Long to Appeal Subsidy Termination

November 15, 2013    

NYCHA terminated tenant's Section 8 rent subsidy. Tenant appealed NYCHA's decision after landlord started an eviction proceeding against her for nonpayment. The court and appeals court ruled against tenant...

Appeals Court Improperly Reversed Trial Court's Ruling

November 15, 2013    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after trial. Tenant appealed and lost, then appealed again and the court's decision was reversed. Landlord then...