NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

No Proof That FHEPS Application Was Being Processed

March 24, 2023    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a so-ordered settlement agreement in court in August 2022, giving landlord a judgment of possession and staying execution of the...

Landlord Can't Seek Back Rent from Section 8 Successor Tenant

March 24, 2023    

Landlord sued to evict Section 8 successor tenant for nonpayment of rent. Tenant was the daughter of the prior tenant. Landlord claimed that new tenant should be responsible for the resident share of the subsidized...

Court Can't Force SRO Tenant to Relocate Temporarily While Landlord Renovates

March 24, 2023    

Landlord sued tenant, seeking a court order directing tenant to sign a temporary relocation agreement. Landlord bought the building intending to rehabilitate it and convert it to affordable and supportive housing....

Tenant's Son Was Barred from Living with Section 8 Tenant

March 24, 2023    

Landlord sued to evict HUD-subsidized apartment occupant, claiming that he was a licensee whose license had expired after the project-based Section 8 tenant relocated to a nursing facility. Occupant claimed that he...

Guarantor Responsible for Rent Unpaid by Tenant Who Never Surrendered Possession

March 24, 2023    

Landlord sued tenant's lease guarantor for rent owed by tenant after tenant defaulted on payment, seeking $1,410,638. Landlord asked for a money judgment without any trial.

Trial Required to Determine If Landlord's Dog Was Vicious

March 24, 2023    

A visitor to the owner's property sued the owner for damages due to injuries sustained when the owner's dog attacked him and, while retreating from the dog, he fell down the front steps of the owner's...

Overcharge Case Sent Back to DHCR for Further Investigation

March 24, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation of her apartment, which was located in a building that had received J-51 tax benefits. The DHCR ruled for tenant in part. Tenant then...

DHCR Reasonably Denied Landlord Request to Amend Rent Registration

March 23, 2023    

In 2019, landlord asked the DHCR for permission to amend its annual rent registration summaries for 2016 and 2017 by removing an apartment from the total rent-stabilized units and adding it to the total number of...

DHCR Rent Reduction Order Can't Be Revoked Because Tenant Moved Out

March 23, 2023    

Rent-stabilized tenant complained to the DHCR that landlord failed to provide required laundry services and storage room services at its building. The DHCR ruled for tenant and reduced her rents. Landlord then filed...

Landlord Had Improperly Deregulated Tenant's Apartment

March 23, 2023    

An unregulated tenant complained of rent overcharge and fraudulent deregulation in 2017. The DRA ruled for tenant and ordered landlord to refund $64,390, including interest. Landlord appealed to the DHCR and lost (...

Appeals Court Upholds DHCR Rent Reduction Based on Reduction in Living Space

March 23, 2023    

Rent-stabilized tenant complained to the DHCR that installation of gas piping in her living room reduced required services because the installation was done in an unworkmanlike manner and reduced her total apartment...

Mitchell-Lama Co-op Tenant's Niece Can't Get Apartment

March 23, 2023    

The niece of a former Mitchell-Lama shareholder tenant claimed succession rights to former tenant's apartment after the tenant moved out. The DHCR ruled against the niece, who then filed an Article 78 court...