NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Surrendered Possession by Operation of Law 8 Months Before Landlord Changed Locks

June 27, 2023    

Tenant sued landlord for illegal lockout in April 2023. The court dismissed the case when tenant failed to appear in court on May 1, 2023. But the court granted tenant's subsequent Order to Show Cause to vacate...

Trial Needed to Determine If Landlord Responsible for Attack by Tenant's Dog

June 27, 2023    

Tioga County visitors sued tenant and tenant's landlord, after their daughter was attacked and injured by tenants' dog. The child's parent also suffered emotional distress when forced to rescue the child...

Apartment Neither Newly Created Nor Previously Temporarily Exempt

June 27, 2023    

Tenant sued landlord for rent overcharge and improper deregulation of his rent-stabilized apartment. Tenant moved into the unit in November 2007 and paid $2,250 per month in rent at all times since then. Landlord...

Tenants Must Pay Monthly Use & Occupancy While Violation Claims Are Pending

June 27, 2023    

Rent-stabilized tenants sued landlord in 2014, claiming that landlord engaged in a pattern of harassment, abuse, and neglect in an attempt to drive tenants from their apartments. In 2015 landlord sued tenants in...

Is Landlord Responsible for Child's Exposure to Lead Paint?

May 23, 2023    

Tenant sued landlord on behalf of her infant child, claiming exposure to lead paint in their apartment. Landlord asked the court to dismiss the case without trial. The court ruled against landlord, who appealed and...

Tenant Scatter Site Program Fails to Prove Grounds for Eviction of Program Participant

May 23, 2023    

Tenant (HCCI) was a scatter site housing program that claimed to have an agreement with the NY Human Resources Administration (HRA) to house participants in HCCI's program. HCCI provided housing to its subtenant...

Landlord Illegally Locked Out Subtenant

May 23, 2023    

Subtenant sued the building owner, its managing agent, and the building super, claiming illegal eviction. Subtenant claimed that, about a month after he sublet an apartment, the super changed the locks to the front...

Failure to Use Notice of Petition Form Required Since 2019 Was Fatal Defect

May 23, 2023    

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant asked the court to dismiss the case, claiming that landlord used an outdated notice of petition form, failed to exercise reasonable...

Landlord Can Eject Tenant After Proving Apartment Was Properly Deregulated

May 23, 2023    

Landlord sued to eject tenant and for rent arrears. Tenant's lease expired on Feb. 29, 2022, and tenant remained in the apartment without paying rent. Tenant, in turn, claimed rent overcharge and improper...

Was Co-op Shareholder Tenant Responsible for Correcting Violations in Apartment?

May 23, 2023    

A cooperative shareholder-tenant brought an HP proceeding against landlord, seeking correction of building violations and a finding of harassment. The court dismissed tenant's harassment claim but continued to...

Tenant Who Received No 421-a Lease Rider Notification Remains Rent Stabilized

May 23, 2023    

Landlord sued to evict tenant and claimed that tenant wasn't subject to rent stabilization because the building was constructed or substantially rehabilitated after Jan. 1, 1974. In response, tenant claimed that...

Court Permits Tenant Claiming Fraud to Subpoena Building-Wide Rent Registration Records

May 23, 2023    

Tenant sued landlord, claiming rent overcharge and a fraudulent scheme to evade the Rent Stabilization Law. After starting the lawsuit, tenant sent the DHCR a subpoena for registration rent roll reports for the...