NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Owned Luxury Co-op in Riverdale

June 10, 2013    

Landlord sued to evict rent-stabilized tenant of Manhattan apartment for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. The trial judge didn't believe tenant's testimony....

Landlord Misstated Tenant's Rent-Stabilization Status

June 10, 2013    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case during trial, after landlord presented its petition stating that tenant wasn't subject to rent stabilization. The...

Tenant Violated Probationary Stipulation

June 10, 2013    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant was placed on probation and agreed to pay rent on time. Landlord sought eviction when...

Landlord's Ex-Wife Not Responsible for Lead Paint Condition

May 13, 2013    

Tenant sued landlord husband and his wife, who was a former co-owner of the building, claiming that her child was injured by lead paint in the apartment. The court dismissed the case against the wife, finding that...

NYCHA Tenant's Son Can't Succeed to Section 8 Subsidy

May 13, 2013    

The son of deceased Mitchell-Lama housing tenant sought pass-on rights to tenant's Section 8 rent subsidy voucher after tenant died. NYCHA denied the son's request. The son then sued NYCHA, HPD, and landlord...

GAL Needed for Disabled Tenant in Nonpayment Proceeding

May 13, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord sought $1,090, covering seven months at $165 per month. The building was formerly a Mitchell-Lama rental but was currently a fair market rental. Tenant...

Tenants Who Waive Triple Damages Request Can Bring Class Action

May 13, 2013    

Thirteen tenants sued landlord, claiming unlawful deregulation of their apartments and rent overcharge while landlord received "J-51" tax benefits. Tenants sought a declaration that all apartments in the...

Tenants Can Bring Class Action for Overcharge and Improper Deregulation

May 13, 2013    

Tenant sued landlord for rent overcharge, claiming that landlord unlawfully deregulated apartments while receiving "J-51" tax benefits. Tenant asked the court to grant certification for a class action. The...

Tenant Can Bring Class Action for Overcharge

May 13, 2013    

Tenant sued landlord for rent overcharge and sought certification from the court for a class action. Landlord claimed that tenant sought to waive certain overcharge penalties and therefore couldn't adequately...

Tenant's Brief Delay in Paying Arrears Excused

May 13, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court in April 2010. Landlord later took tenant back to court, and the court issued an order dated April 20,...

Landlord Fails to Prove Tenants Damaged Apartment

May 13, 2013    

Tenants sued landlord for the return of their $2,800 security deposit after they vacated the apartment. Landlord claimed that tenants damaged the apartment and yard but presented insufficient proof. Tenants claimed...

Landlord Not Responsible for Attack by Tenant's Dog

May 13, 2013    

Tenant's pitbull dog entered a public park playground through a hole in the fence between the park and landlord's building and bit a child. The child's mother then sued landlord and the City of New York....