NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Claims Back Rent Calculation Incorrect

April 15, 2013    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord when tenant's attorney failed to appear for trial. The case was later reopened, and the parties, by their attorneys, signed a...

NYCHA's Decision to Evict Elderly Tenant Ruled Unfair

April 15, 2013    

Tenant appealed NYCHA's decision to terminate her tenancy. The court ruled for tenant and sent the case back to NYCHA for imposition of a lesser penalty. NYCHA appealed and lost. The appeals court found that the...

Tenant Lived in Another Apartment Under Forged Leases

April 15, 2013    

Landlord sued to evict rent-stabilized SRO hotel unit tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. The SRO unit was on West 79th Street in Manhattan. Landlord proved...

Landlord Claims Tenant-Shareholder Violated Alteration Agreement

April 15, 2013    

Tenant-shareholder sued landlord cooperative corporation, claiming that the co-op breached her proprietary lease and alteration agreement by stopping her renovation work. Landlord, in turn, claimed that tenant...

Landlord Omitted Some Co-Tenants from Case

April 15, 2013    

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed a breach of the warranty of habitability. The court ruled in part for landlord, awarding a judgment for $15,000, after a $5,000 abatement for...

New Owner Can Evict Seller and His Family

April 15, 2013    

New owner sued to evict prior owner and other occupants from the house, claiming that their license to live there was expired. Prior owner agreed to vacate, but his daughter claimed that her father and his ex-wife...

Co-op Tenant Can Be Evicted for Failing to Maintain Plumbing

April 14, 2013    

Landlord cooperative corporation sued to evict tenant shareholder for failing to maintain and make repairs to her apartment. Landlord claimed that steaming hot water leaked from tenant's apartment. On Aug. 16,...

Tenant Claims Emotional Distress Due to Bedbugs

April 12, 2013    

Tenant sued landlord for personal injury and emotional distress, claiming that her apartment was infested with bedbugs and that she had been bitten. The court denied landlord's request to dismiss the case...

Premises Is Horizontal Multiple Dwelling

April 12, 2013    

Landlord filed an Article 78 court appeal of a DHCR ruling that two adjacent buildings were a horizontal multiple dwelling subject to rent stabilization. The court and appeals court ruled against landlord. The DHCR...

Landlord Can Question Apartment Occupant Before Trial

April 12, 2013    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord named another apartment occupant as a party to the proceeding and asked the court for permission to conduct pretrial questioning of the...

Rent-Stabilized Tenant Is Illusory

April 12, 2013    

Rent-stabilized tenant sued to evict apartment occupant. Tenant claimed that occupant was a licensee, but she was in fact a month-to-month subtenant. Tenant lived in a separate rent-stabilized apartment on the same...

Landlord Can't Evict Tenant Who Became Pregnant

April 12, 2013    

Landlord, which operated Section 8 SRO housing for homeless individuals, sued to evict tenant after she had a baby. The housing units were intended for occupancy by one person, and tenant had signed an...