NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Mitchell-Lama Tenants' Son Gets Apartment

November 13, 2013    

The DHCR denied a son's appeal from landlord limited-profit housing company's rejection of his application for succession rights to tenants' Mitchell-Lama apartment. The son filed an Article 78 court...

Prior Landlord Became Rent-Stabilized Tenant

November 13, 2013    

Rent-stabilized tenants sued landlord and prior landlord in 2008 for rent overcharge. They moved into the apartment in 2006 at an initial rent of $1,400 per month. Prior tenant had owned the apartment until 1998 when...

Tenants Violated Court Stipulation

November 13, 2013    

Landlord sued to evict tenants for chronic nonpayment of rent. Landlord and tenants signed a probationary settlement agreement in court, which required tenants to pay rent on time in the future during the probation...

Default by Incarcerated Tenant Excused

November 13, 2013    

Landlord sued to evict rent-controlled tenant for unlawful subletting without landlord's permission. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to...

Tenant Slipped and Fell on Icy Landing

November 13, 2013    

Tenant sued landlord for negligence, claiming that he was injured when he slipped and fell on the front entrance landing as he left for work at 8 a.m. on Dec. 24, 2008. He stated that the landing was covered in a...

Fraud Indicated in Setting Base Rent

November 13, 2013    

Tenant complained to the DHCR of rent overcharge. Landlord claimed that the apartment was unregulated, but the DRA found that tenant was rent stabilized because the building was receiving J-51 benefits. However, the...

Tenant Sold Marijuana at Apartment

November 13, 2013    

Landlord NYCHA terminated tenant's public housing tenancy based on nondesirability and breach of NYCHA's rules and regulations. NYCHA's decision was based on the fact that tenant was selling marijuana...

Triple Damages Upheld by Court

November 13, 2013    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund the overcharge with triple damages. Landlord appealed and lost. The court and appeals court ruled that...

Tenant's First Rent Was Proper Base Rent

November 13, 2013    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled against tenant, finding no overcharge. Tenant filed an Article 78 court appeal and lost. The court and appeals court found that the DHCR reasonably...

Son of Deceased Tenant Must Start Eviction Case to Remove Brother from Apartment

November 13, 2013    

After rent-controlled tenant died, one of her sons ousted his brother from the apartment. The brother had been in possession of the apartment at the time and sued the son, seeking restoration to the premises. The...

Bank Must Maintain Building in Foreclosure

October 13, 2013    

HPD brought two HP proceedings against Deutsche Bank, which held the mortgage for landlord's building and was in the process of foreclosing on the property. HPD claimed that the bank was responsible for...

Tenant Can't Challenge Eviction in Federal Court

October 10, 2013    

Tenant sued new landlord in federal court after landlord started an eviction proceeding against her. The court dismissed the case. Any challenge tenant might have to her eviction arises under New York State law...