NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Appeal of OTDA's Denial of ERAP Assistance Must Be Filed in Albany County

May 23, 2023    

A shareholder tenant in a co-op building applied for ERAP rental assistance from New York's Office of Temporary and Disability Assistance (OTDA). The co-op supported tenant's application. OTDA ruled that...

Court Denies Pre-Trial Discovery to Occupant Claiming Succession Rights

May 23, 2023    

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. The occupant, who said he was tenant's son, claimed succession rights. After conducting pre-trial questioning, landlord asked the...

Appeals Court Reopens Overcharge Claims by Tenants in J-51 Building

May 23, 2023    

Tenants in a building that received J-51 tax benefits sued landlord. Tenants, who were certified as a class by the court, said they never received rent-stabilized leases from landlord, and claimed that they were...

Court Finds DHCR Improperly Delayed Processing Deregulation Applications

May 23, 2023    

[Submitted by Jillian N. Bittner, Esq., of Horing Welikson Rosen & Digrugilliers PC, who represented the landlord.]

Landlord filed two separate applications with the DHCR, in 2017 and 2018,...

Landlord Can't Seek Eviction for Nonpayment of Rent After Lease Expired

May 23, 2023    

Landlord sued to evict tenant for nonpayment of rent after tenant's lease had expired. The court dismissed the case. Tenant had continued to pay rent after the lease expiration but then stopped paying. Under Real...

Tenant Didn't Prove an Appeal of OTDA's Denial of Assistance Was Pending

May 23, 2023    

Landlord sued to evict tenant for nonpayment of rent. The case was later stayed automatically when tenant filed an ERAP application for rental assistance. Landlord later asked the court to vacate the ERAP stay. By...

Trial to Determine If There Was Ongoing Rodent Infestation at Townhouse

May 23, 2023    

Tenants of a townhouse sued landlord for fraud, breach of the warranty of habitability, and breach of the covenant of quiet enjoyment. Tenants claimed that the house was infested with rodents and they had moved out...

Overcharge Claims Based on Inflated Rents Were Untimely

May 23, 2023    

Tenants sued landlord in 2020, claiming that prior landlord initially registered unlawfully inflated legal regulated rents for their rent-stabilized apartments. Tenants claimed this was a fraudulent scheme to...

Landlord Can Sue Tenant's Claimed Successor in Summary Nonpayment Proceeding for Rent

April 26, 2023    

Landlord of Mitchell-Lama co-op apartment sued to evict tenant and occupant, claiming that they had agreed to pay $1,463 per month under a rental agreement. The apartment tenant was deceased at the time landlord...

Eviction Proceeding Dismissed Because Landlord Had Accepted ERAP Funds Less Than One Year Earlier

April 26, 2023    

Landlord sued to evict tenant of a small building with two apartments over a storefront. At trial, neither landlord nor tenant were represented by attorneys. It was undisputed that in November 2021, OTDA issued, and...

Landlord Amended Eviction Petition Based on Nonpayment After Tenant Moved Out

April 26, 2023    

In March 2021, landlord sued to evict tenant for unpaid rent. It was undisputed that tenant thereafter surrendered possession of the property on June 2, 2021. In July 2021, landlord amended his court petition,...

Court Grants Extension of Eviction Date to Accommodate Occupant with Children

April 26, 2023    

Landlord commenced a licensee holdover eviction proceeding to evict apartment occupants. Landlord described itself as a provider of a "scatter-site program" that provided supportive housing for homeless...