NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Condo Unit Owner Failed to Claim Landlord-Tenant Relationship with Board

October 10, 2013    

A condominium board brought a foreclosure action against a unit owner, seeking to recover common charges and fees owed. The court denied the board's request to rule in its favor without a trial. The board...

Landlord Fraudulently Registered Prior Rent and Nonexistent Tenant

October 10, 2013    

Tenant moved into a rent-stabilized apartment in November 2003 at a rent of $1,800 per month. In December 2003, landlord registered the apartment with the DHCR, stating that a prior tenant paid $1,000...

Landlord Not Responsible for Tenant's Slip and Fall During Ice Storm

October 10, 2013    

Tenant sued landlord for negligence after slipping and falling on ice in front of her building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled...

22-Day Termination Notice to Section 8 Tenant Was Sufficient

October 10, 2013    

Landlord sued to evict project-based Section 8 tenant for conducting criminal activity at the building. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was insufficient....

Tenant Can't Claim Constructive Eviction Due to Hurricane Sandy

October 10, 2013    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court for permission to amend his answer to the petition, claiming breach of the warranty of habitability and constructive eviction. The court...

Landlord Must File Article 78 Petition to Challenge Unpaid Subsidies

October 8, 2013    

Landlord sued NYCHA in Civil Court for breach of contract, seeking the recovery of unpaid federally funded Section 8 rent subsidies and consequential damages. NYCHA asked the court to dismiss the case, arguing that...

Settlement of RICO Claim Between Landlord and Tenants Upheld

October 8, 2013    

A large group of 20,000 current and former rent-stabilized and rent-controlled tenants sued landlord, claiming that landlord engaged in a conspiracy to fraudulently increase rents in violation of the...

Tenant Not Subject to Rent Stabilization

October 8, 2013    

Landlord sued to evict unregulated tenant for nonpayment of rent. The court ruled for landlord, awarding landlord possession and rent totalling $13,800. Tenant appealed and lost. Tenant claimed that he was rent...

Four-Year Base Date Applied Where No Proof of Landlord Fraud

October 7, 2013    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled against tenant, finding no overcharge. Tenant filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and...

Landlord's Attorneys Violated FDCPA

September 18, 2013    

Attorneys representing landlord, a new client, sued to evict elderly rent-controlled tenant for nonpayment of rent. Tenant answered, pointing out that he had a Senior Citizens Rent Increase Exemption (SCRIE) and...

Landlord Charged Excessive Late Rent Fees

September 17, 2013    

Landlord sued to evict tenant, who failed to appear on an adjourned court date. The court ruled for landlord based on tenant's default, granting a judgment of possession and for unpaid rent. An eviction warrant...

Tenant Can't Stop Landlord from Renovating Apartment

September 17, 2013    

Tenant cooperative shareholder sued landlord co-op corporation, challenging the landlord's plan for renovation of her apartment and seeking to prevent waterproofing and facade repair work from going forward. The...