NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Building Tenants Were Rent Stabilized and Entitled to Rent Overcharge Findings

June 28, 2023    

Tenants sued landlord seeking a declaratory judgment and rent overcharge refunds with triple damages dating back to 2015. Landlord claimed that the apartments in question had been luxury deregulated. Landlord relied...

Housing Advocacy Group Can Sue Landlords and Brokers for Source of Income Discrimination

June 28, 2023    

Plaintiff, a nonprofit housing group, sued real estate agents, brokerage firms, property management companies, and property owners, claiming intentional and willful source of income discrimination in violation of New...

Former Tenant Claims Landlord Harassed Her to Move Out

June 28, 2023    

Landlord, the owner of an apartment he had rented to tenant since 2016, sued tenant after tenant moved out for breaching her residential lease. In response, tenant claimed harassment and sought the return of her...

Tenant Can't Blame Window Screen for Her Fall From Apartment Window

June 27, 2023    

Tenant slipped and fell out of a window in her apartment located in Townsend Park Homes and fell five stories. She sustained serious injuries. Tenant then sued landlord for negligence, claiming that the fall was...

Landlord's Case to Eject Tenant Transferred to Housing Court as Eviction Proceeding

June 27, 2023    

Landlord of a two-family house sued to eject occupant for failing to pay rent/use and occupancy and for creating a nuisance by accumulating garbage, which landlord claimed attracted vermin and insects to infest the...

New York's Highest Court Finds Jury Trials Needed to Decide if NYCHA Responsible for Tenant Killings

June 27, 2023    

New York's highest court issued a combined ruling on two cases where tenants were killed in apartment buildings by intruders intent on revenge. In Scurry v. NYCHA, the estate of tenant Bridget Crushshon...

Appeals Court Finds Questions of Fact Concerning Tenant's Slip-and-Fall in Vestibule

June 27, 2023    

Tenant sued landlord for negligence after she slipped and fell on water in the vestibule between the outer and inner entrance doors of her apartment building as she entered the building. The accident occurred on Dec...

Court Finds No Merit to Tenant's Second ERAP Application

June 27, 2023    

Landlord sued to evict tenant in April 2022 for nonpayment of rent dating back to August 2021 and totalling $8,011. Among other things, tenant claimed that he had applied for ERAP rental assistance benefits. In July...

Occupant Who Lived in Apartment with Tenant's Permission Was a Licensee, Not a Squatter

June 27, 2023    

Landlord commenced a summary eviction proceeding in 2023 to evict a squatter. Landlord claimed that the squatter had no right to occupy the apartment. The court granted the occupant's request to dismiss the case...

Court Joins DSS to Eviction Case to Expedite Rent Assistance to Tenant

June 27, 2023    

Landlord sued to evict tenant for nonpayment of rent. The court assigned a guardian ad litem to assist tenant, determined to be a person not able to effectively defend his rights or protect his interests. By then,...

Subtenant of Homeless Services Organization Not Subject to Rent Stabilization Protection

June 27, 2023    

In February 2019 landlord sued to evict unregulated tenant, Services for the Underserved, which was a not-for-profit organization that assisted people at risk for homelessness. Tenant advised the court that it wasn...

Nassau County Small Claims Court Properly Vacated Default Judgment Against Landlord

June 27, 2023    

A Nassau County tenant sued former landlord in small claims court, seeking to recover her security deposit. The court ruled for tenant based on landlord's default and awarded her $1,615. The court subsequently...