NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Can't Recover Airbnb Violation Fines from Tenant Where There's No Proof of Fines

October 26, 2023    

Landlord sued tenant, seeking reimbursement of fines imposed on it by city agencies because tenant illegally sublet her apartment through Airbnb. Tenant asked the court to dismiss the case. She claimed that she had...

U.S. Supreme Court Declines to Hear Landlords' Claim That Rent Stabilization Law Is Unconstitutional

October 26, 2023    

Shortly after HSTPA was enacted in June 2019, the Community Housing Improvement Program (CHIP), Rent Stabilization Association of NYC (RSA), and several individual landlord entities sued the City of New York, the...

Landlord's Proposed Demolition of Upper Floors Only Didn't Qualify for Approval

October 26, 2023    

Landlord applied to the DHCR for permission to demolish a building containing rent-stabilized apartments and to proceed to evict tenants. The DHCR ruled against landlord, who then filed an Article 78 court appeal....

Is Landlord Responsible for Admitting Visitor Who Attacked Tenant?

September 25, 2023    

Tenant sued landlord for negligence in connection with injuries sustained in his apartment. The court denied landlord's request to dismiss the complaint. Tenant lived in and worked out of his apartment as a...

Was Tenant Injured by Building's Security Guards During Courtyard Incident?

September 25, 2023    

Tenant sued landlord for damages due to personal injuries suffered as the result of what tenant claimed was negligent hiring, retention, and supervision of security guards at the building. Tenant claimed that she was...

Prior Court Ruling Established That Tenants Were Subject to Rent Stabilization

September 25, 2023    

Two tenants sued landlord, claiming that their apartments were rent stabilized, seeking rulings on the legal regulated rents for their apartments and issuance of renewal leases. The court ruled for tenants. Prior...

Acceptance of ERAP Funds in Effect Extended Tenant's Lease Agreement

September 25, 2023    

Landlord sued to evict tenant in November 2022 for nonpayment of rent in the amount of $40,265. Tenant asked the court to dismiss the case. She claimed that landlord couldn't maintain the eviction proceeding...

Landlord Can't Base Use & Occupancy for Former Super's Unit on Commercial Rent Estimates

September 25, 2023    

Landlord sued its former building superintendent for use and occupancy for nine months that the super remained in his apartment at the building following termination of his employment. Landlord claimed that the...

"Rent" Payable by OTDA under ERAP Includes Mitchell-Lama Co-op Maintenance Fees

September 25, 2023    

In 2022, the NY State Office of Temporary and Disability Assistance (OTDA) found tenant ineligible for funds awarded from the ERAP program and sought the return of $20,285 it claimed were disbursed on tenant's...

ERAP Stay Vacated Because Occupant Wasn't Required to Pay Rent

September 25, 2023    

Landlord sued to evict apartment licensee in January 2020. After the first court date, the case was delayed initially due to the COVID public health emergency and a GAL was appointed for the licensee in October 2020...

Court Incorrectly Entered Judgment for Remaining Rent Arrears After Vacating ERAP Stay

September 25, 2023    

Landlord sued to evict a Suffolk County tenant for nonpayment of rent. Tenant's filing of an ERAP rental assistance application resulted in a stay of the proceeding, but the court vacated the ERAP stay in 2022 (...

Court Denies Tenants' Challenge to New Rules Requiring Short-Term Rental Registration

September 25, 2023    

Three NYC residents who previously utilized short-term rentals of their apartments to supplement their income sued the city's Office of Special Enforcement (OSE), claiming that new rules issued to enforce Local...