NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Is Landlord Responsible for Bathroom Ceiling Collapse and Tenant's Injuries?

June 27, 2023    

Tenant sued landlord building owner, as well as the building's management company, claiming that she suffered personal injuries caused by a water leak in her apartment bathroom in September 2018. Tenant claimed...

Subtenant in Illegal Sublet Case Shows No Reason to Vacate Default Judgment

June 27, 2023    

Landlord sued to evict tenant for illegally subletting his apartment. The court ruled against tenant after tenant failed to appear in court or file an answer. The subtenant also failed to appear on an adjourned trial...

Hearing Needed to Determine if Basement Apartment Is Lawful

June 27, 2023    

Landlord sued to evict tenant from a basement apartment based on nonpayment of rent. Tenant claimed that the apartment was illegal and asked the court to dismiss the case. After reviewing documents presented by both...

Tenant Surrendered Possession by Operation of Law 8 Months Before Landlord Changed Locks

June 27, 2023    

Tenant sued landlord for illegal lockout in April 2023. The court dismissed the case when tenant failed to appear in court on May 1, 2023. But the court granted tenant's subsequent Order to Show Cause to vacate...