NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant's Harassment Claim Against Landlord Dismissed

February 26, 2025    

Rent-stabilized tenant sued landlord in 2017. She sought repairs, a rent abatement, and money damages for tortious interference with contract, property damage, harassment, and intentional infliction of emotional...

Court Dismisses Landlord's Ejection Action Based on Pending Holdover Proceeding

February 25, 2025    

Landlord sued to evict tenant in housing court for nonpayment of rent. The court ruled for landlord based on tenant's default and issued an eviction warrant. In December 2024, tenant asked the court to vacate the...

Non-Traditional Family Member Fails to Prove Succession Rights

February 25, 2025    

Landlord sued to evict rent-controlled tenant and her roommate in 2017, based on tenant's nonprimary residence. The roommate claimed that, even if the unit was no longer tenant's primary residence, he had...

Assessments Considered Rent in Nonpayment Proceeding Against Shareholder-Tenant

February 25, 2025    

Landlord sued to evict Michell-Lama co-op shareholder-tenant in a building supervised by HPD, for nonpayment of monthly maintenance fees totalling over $30,000 as well as overdue monthly assessments. Tenant,...

Tenants' Negligence and Nuisance Claims Based on Renovation Noise Largely Dismissed

February 25, 2025    

Rent-controlled tenant and his son, who lived in a condominium building, sued the building corporation, the building's management company, and the owner of tenants' apartment, who also owned about 40 other...

Landlord Filed Holdover Petition Before GCE Law Enacted

February 25, 2025    

Landlord sued to evict month-to-month unregulated tenant after serving a 90-day Notice of Termination dated Sept. 8, 2023, with a vacate date of Dec. 31, 2023. Tenant asked the court to dismiss the case. Tenant...

Landlord Can Be Vicariously Liable for Broker's Source of Income Discrimination

February 24, 2025    

The plaintiff, a city shelter occupant, was a client of the NYC HIV/AIDS Services Administration (HASA) and was entitled to a full HASA housing subsidy of $1,600 per month for a NYC apartment, which HASA would pay...

Incidents Didn't Violate Tenant's Probationary Agreement

February 24, 2025    

Landlord sued to evict rent-stabilized tenant for creating a nuisance based on objectionable conduct. Landlord and tenant, who had an Article 81 guardian from the Foundation for Senior Citizens and Guardian Services...

Tenancy Termination Notice Was Insufficient to Support Lease Violation Claim

February 24, 2025    

Landlord sued to evict tenant for breach of his lease, based on claims of unlawful use of his apartment and objectionable conduct. Landlord had sent tenant a predicate termination notice stating that on a specific...

Landlord's Nonrenewal Notice Based on Nonprimary Residence Was Sufficient

February 24, 2025    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning, and tenant asked the court to dismiss the case. The court denied...

DHCR Reasonably Denied Tenant's Lease Renewal Complaint

February 24, 2025    

Tenant complained to the DHCR that landlord failed to offer him a rent-stabilized renewal lease on the same terms and conditions as his original lease. The DRA ruled for tenant, but the DHCR later granted landlord...

Landlord Waited Too Long to Seek Restoration of Case to Court Calendar

January 27, 2025    

Landlord sued to evict tenant for nonpayment of rent in 2012. In September 2013 the case was marked off the housing court calendar while landlord appealed a January 2013 interim decision of that court. The appeal was...