NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Deemed Renewal Lease Barred by RPL Section 232-c

July 10, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, granting possession, a money judgment for $10,883, and attorney's fees. Tenant appealed and won. Landlord's...

MCI Increase Granted Despite a Few Defective Windows

July 10, 2013    

Landlord applied for MCI rent hikes based on the building-wide installation of new windows. The DHCR ruled for landlord except that increases were barred for a few apartments where defective window installations were...

Tenant's Household Income Exceeded Deregulation Threshold

July 10, 2013    

Landlord filed a high-rent/high-income deregulation application for tenant's rent-stabilized apartment in 2004. Landlord claimed that the legal regulated rent for the apartment was $2,000 or more per month and...

Court Investigates 25 Nearly Identical Nonmilitary Affidavits

July 10, 2013    

Landlord sued to evict 25 tenants of different apartments in different buildings in separate summary nonpayment proceedings. When tenants failed to answer, landlord sought default judgments and filed sworn statements...

Owner Can File Ejectment, Not Eviction, Proceeding

July 10, 2013    

Owner of a residence sued to evict her sister-in-law, claiming that the sister-in-law's license to reside in the premises as her marital residence had been revoked. The court dismissed the case. A licensee is...

Tenant Must Pay Use and Occupancy Pending Ruling

July 10, 2013    

Landlord sued to evict tenant, claiming that the tenancy was unregulated. Tenant claimed that she was subject to Loft Law coverage and asked the court to delay ruling on landlord's case until her pending coverage...

Landlord Can Seek Eviction of Deceased Tenant's Sister

July 10, 2013    

Landlord sued to evict deceased tenant's sister for nonpayment of rent. The court denied landlord's request for a default judgment when the sister failed to appear in court. Landlord appealed and won....

Tenant Allowed Barred Son Back into Apartment

June 13, 2013    

Landlord NYCHA decided to terminate tenancy based on tenant's violation of a settlement agreement by which tenant promised that her adult son would be permanently excluded from her apartment. Tenant had allowed...

Did Tenant Violate Lease by Not Moving to Different-Sized Apartment?

June 11, 2013    

(Decision submitted by Jason D. Boroff of the Manhattan law firm of Jason D. Boroff & Associates PLLC, who represented the landlord.)

NYCHA Can Evict Tenant for Son's Illegal Drug Activity

June 11, 2013    

Tenant filed an Article 78 appeal of NYCHA's decision to terminate her tenancy for nondesirability. NYCHA had ruled that tenant violated her lease and a prior stipulation that barred her son from living in her...

Apartment Occupant Wasn't a Licensee

June 11, 2013    

Building owners sued to evict their sister, who occupied an apartment in the building. The owners claimed that the sister was a licensee and no longer had permission to occupy the apartment. They served a 10-day...

Tenant's Child Killed by Tipping Stove After Faulty Installation

June 11, 2013    

Tenant sued landlord's contractor after her child was killed when a new stove installed by the contractor tipped over. Tenant also sought damages for her other child, who witnessed the event. Tenant's...