NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Must Produce Documents Showing How Apartment Was Deregulated

August 28, 2023    

Landlord sued to evict tenant. Tenant claimed rent overcharge and improper deregulation of the apartment. The court denied tenant's request for pretrial questioning since no colorable claim of fraud was claimed....

New Landlord Bound by Loft Board's Harassment Order

August 28, 2023    

In 2006, the NYC Loft Board issued an Harassment Order, finding that the building's former landlord harassed tenants on various floors, by failing to maintain amenities and conduct repairs. The Loft Board found...

Court Issues Ruling Finding Tenant Nuisance Despite Tenant's Failure to Appear

August 28, 2023    

Landlord sued to evict rent-stabilized tenant for breaching his lease by making excessive noise. Tenant failed to appear on the first court date, and the court scheduled an inquest. Before the inquest date, landlord...

Court, Not DHCR, Must Determine Overcharge Calculations Based on Tenants' Choice of Forum

August 28, 2023    

In 2019, seven current and former building tenants sued landlord, seeking a declaration that they were rent stabilized and individual findings of the legal rents for their apartments. Among other things, the court...

Apartment Was Vacancy Deregulated Before Tenant Moved In

August 28, 2023    

Tenant sued landlord for rent overcharge and improper apartment deregulation. She asked for attorneys fees in connection with this complaint.  Tenant moved into the apartment under an unregulated lease on July...

Trial Needed to Determine Who Was Responsible for Injuries in Dog Attack

August 28, 2023    

A tenant at landlord's building sued landlord, various other tenants thought to be owners of the dog, and dog walkers after she was attacked by a dog outside the building and injured. The tenant asked the court...

Nonprimary Residence Claim Against Tenant Dismissed Due to Defective Termination Notice

August 28, 2023    

Landlord sued to evict an 82-year-old rent-stabilized tenant who had lived in the apartment for 47 years based on nonprimary residence. Landlord asked the court for permission to conduct pre-trial questioning. Tenant...

Sub Rehab Application Denied Based on Landlord's Refusal to Submit Lease Records

August 28, 2023    

Landlord asked the DHCR in 2017 for a determination that its building was exempt from rent regulation based on substantial rehabilitation. The DHCR ruled against landlord, who then filed an Article 78 court appeal,...

Tenant Failed to Demonstrate Retaliatory Eviction Action by Landlord

July 26, 2023    

Tenant sued landlord for retaliation under RPL Section 223-b, breach of the warranty of habitability, and attorneys' fees. The court ruled against tenant, who appealed and won, in part. The appeals court affirmed...

Appeals Court Won't Vacate Eviction Judgment After Tenant Given Repeated Extensions

July 26, 2023    

Landlord sued to evict tenant in February 2020, seeking to recover possession of an unregulated apartment. Landlord and tenant, both represented by attorneys, signed a settlement stipulation, so-ordered by the court...

Court Dismisses Tenants' Claim of Fraudulent Rent Overcharge

July 26, 2023    

Landlord sued rent-stabilized tenants in State Supreme Court, seeking recovery of $59,000 in back rent now owed since tenants stopped paying rent in March 2020. Tenants responded with claims of rent overcharge. They...

Appeals Court Awards Attorney Fees to Tenant's Lawyers Based on Dismissal of Landlord's Claim

July 26, 2023    

Landlord sued attorneys who represented a tenant in its building that landlord had recently acquired. Landlord claimed that the attorneys made statements to media concerning landlord's alleged harassment of the...