NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Eviction Proceeding Was Improperly Dismissed Without Trial

November 25, 2023    

Landlord sued to evict an unregulated tenant who, in turn, claimed improper apartment deregulation and rent overcharge. Tenant also asked the court to dismiss the case and asked for attorney's fees. The court...

DHCR Can Withhold Certain Records from Landlord Under Law Enforcement Exception

November 25, 2023    

The DHCR's Tenant Protection Unit (TPU) sued landlord LLC entities of 38 buildings containing more than 2,500 rent-stabilized apartments, along with individuals who were connected with the landlord entities. The...

Court Holds Landlord in Contempt for Failing to Appear or Correct Violations

October 27, 2023    

Tenant sued landlord in a Housing Court HP proceeding to obtain corrections of apartment conditions. Tenant also claimed harassment by landlord. Tenant and landlord both appeared on the first court date on March 20,...

Illegal Lockout Case Against Landlord Dismissed for Lack of Credibility

October 27, 2023    

Tenant sued landlord, claiming illegal lockout. She claimed that she and her family left their apartment for a one-week vacation. When they returned, the locks to the building and their apartment had been changed and...

Fraudulent Scheme to Deregulate Includes Inflation of Rents Leading to Future Deregulation

October 27, 2023    

Building tenants sued landlord for rent overcharges and engaging in a fraudulent scheme to deregulate various apartments. Among other things, tenants asked the court to rule on several key elements of their claims...

Court Permits Pretrial Questioning Back to 1984

October 27, 2023    

Tenants filed a class action lawsuit against landlord in 2018 for rent overcharges. The court rejected landlord's request to limit pretrial questioning and document production to a four-year period and instead...

Landlord Disavowed Nonrenewal Notice by Sending Renewal Lease Offer Earlier

October 27, 2023    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court denied tenant's request to dismiss the case without trial. Tenant appealed and won. Landlord's offer to renew tenant's...

Landlord Couldn't Prove Undated Lease Had Expired

October 26, 2023    

Landlord sued to evict an unregulated tenant in 2019, claiming that tenant's lease had expired. In response, tenant claimed waiver and that her lease was still in effect. After holding a trial, the court ruled...

Landlord's Request for Use and Occupancy Pendente Lite Was Premature

October 26, 2023    

Landlord sued to evict apartment occupant, who was tenant's grandson, after rent-stabilized tenant died and his lease had expired. The first court date was June 22, 2023, and the case was adjourned by the court...

Eviction Proceeding Commenced After ERAP Application Filed Must Be Dismissed

October 26, 2023    

Landlord sued to evict the month-to-month tenant of an unregulated apartment in a two-family house after sending a 90-day termination notice. Landlord claimed that tenant owed rent and/or use and occupancy totalling...

Appeals Court Finds Tenants' Claim of Fraud Insufficient

October 26, 2023    

Tenants in a J-51 building sued landlord in a class action, claiming rent overcharges and improper deregulation. The court ruled for tenants without trial and found that the legal regulated rents for their apartments...

Unit Didn't Become Deregulated by Rent Increase Resulting from Adding New Co-Tenant

October 26, 2023    

Landlord sued to evict tenants, claiming they were deregulated. The court disagreed and dismissed landlord's claim. Landlord appealed and lost. Tenant and prior co-tenant had moved into the rent-stabilized...