NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Court Upholds NYC Rules for Registration of Short-Term Apartment Rentals

September 25, 2023    

Airbnb sued the NYC Mayor's Office of Special Enforcement (OSE), seeking to set aside new rules enacted by OSE under Local Law 18 of 2022. The rules require registration of dwellings to be rented out for short-...

Is Disabled Tenant Entitled to Accommodation to Curb Violent Outbursts?

September 25, 2023    

Landlord sued to evict tenant for creating a nuisance. The parties signed a probationary stipulation in court by which tenant agreed to refrain from loud and violent arguments in the building. The stipulation...

Nonpayment Proceeding Dismissed Because There Was No Lease Between Landlord and Tenant

September 25, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because there was no lease between the parties. The court ruled for tenant. Tenant occupied the apartment under a month...

Court Vacates ERAP Stay After Long Delays in Eviction Case

September 25, 2023    

Upstate landlord sued to evict unregulated tenant in 2020. The case was delayed due to the eviction moratorium, tenant's Hardship Declaration, and, later, tenant's filing of an ERAP application for rental...

Court Dismisses Tenant Claim of Improper Deregulation and Rent Overcharge

September 24, 2023    

Tenant sued landlord in 2022, claiming that unjustified rent increases for her formerly rent-stabilized apartment since at least 1992 resulted in improper vacancy deregulation of the unit by landlord in 2003,...