NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

HPD Can Issue Loan to 7A Administrator

December 11, 2012    

Tenants sued landlord, seeking repairs. HPD was joined in the case, and an Article 7A Administrator appointed to manage the buildings sought a loan from HPD for repairs. The court ruled that HPD had the...

Tenant Claims NYCHA Had Duty to Insulate Pipes

December 11, 2012    

Tenant sued landlord after her child's leg was severely burned when it touched an excessively hot and unprotected heating pipe in the apartment kitchen. NYCHA claimed that it had no legal duty to insulate...

Landlord Didn't Prove Tenant Sublet Without Consent

December 11, 2012    

Yonkers landlord, a cooperative corporation, sued to evict tenant shareholder for unauthorized subletting, in violation of tenant's proprietary lease. Tenant claimed that the board of directors had illegally...

Landlord Didn't State Tenant's Regulatory Status

December 11, 2012    

Yonkers landlord sued to evict tenant based on a clutter condition in tenant's apartment. Landlord and tenant signed a settlement agreement in court. Tenant , who was represented by an attorney, agreed that he...

Tenant Who Collected Rent Overcharge Can't Cure Illegal Sublet

December 11, 2012    

Landlord sued to evict rent-stabilized tenant for overcharging unauthorized subtenants. The trial court ruled for landlord. Tenant appealed and lost. Generally, a landlord must give a tenant notice of alleged...

Landlord Can Evict Section 8 Tenant for Drug Activity

December 11, 2012    

Landlord sued to evict Section 8 tenant for drug-related criminal activity, in violation of tenant's lease. The court ruled against landlord after a trial and dismissed the case. Landlord appealed and won. Trial...

Claims Against NYPD and NYCHA for Stop-and-Frisk Actions Can Proceed

November 16, 2012    

Nine plaintiffs sued NYPD and NYCHA, claiming that the procedures they used to prevent trespassing at public housing properties resulted in a widespread pattern of unlawful and unconstitutional stops, questioning,...

Tenant Seeks Attorney's Fees for Current and Prior Proceeding

November 16, 2012    

Landlord sued to evict tenant, claiming that the apartment was exempt from rent regulation. Tenant in turn claimed that he was rent stabilized and had been overcharged. The court ruled for tenant, and tenant sought...

Landlord's Sign-In/Sign-Out Rule Unreasonable

November 16, 2012    

Landlord of HUD building sued to evict Section 8 tenant for breaching a material provision of his lease after tenant refused to comply with landlord's sign-in/sign-out procedures at the building. Tenant claimed...

Tenant Gets Attorney's Fees in Discrimination Case

November 16, 2012    

Prospective tenant, a 45-year-old disabled man with AIDS, sued a real estate broker for housing discrimination after it refused to show him any apartments. Tenant had disclosed that he had a subsidy to help pay...

Vermont House Wasn't Tenant's Primary Residence

November 16, 2012    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court and first appeals court ruled for landlord. Tenant appealed again and won. Tenant moved into the studio apartment in 1980. In...

Eviction Proceeding Dismissed for Procedural Defects

November 16, 2012    

Landlord sued to evict tenant after sending a 30-day termination notice. The court granted tenant's request to dismiss the case. First, the termination notice stated two different dates upon which the tenancy...