NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant's Claim of Rent Overcharge Dismissed by Appeals Court

November 20, 2024    

Tenant sued landlord, claiming rent overcharge and improper deregulation of her apartment. Landlord asked the court to dismiss three of tenant's claims without trial. The court ruled for landlord. Tenant appealed...

Tenant's Toxic Mold Claim Dismissed by Court

November 20, 2024    

Tenant sued landlord, seeking damages for personal injuries he claimed were caused by exposure to toxic mold in his apartment. The Nassau County court granted landlord's motion to dismiss the case. Tenant...

Court Denies Tenant's Appeal of DHCR Order Finding No Overcharge

November 20, 2024    

Tenant complained to the DHCR of rent overcharge and fraudulent deregulation of her apartment. The DRA and DHCR ruled against tenant, finding that landlord didn't engage in a fraudulent scheme to deregulate the...

Court Denies Landlord's Request to Renew Argument Against Civil Contempt Motion

October 28, 2024    

HPD commenced proceedings against landlords seeking an order to correct violations, to find harassment, and to assess civil penalties in connection with the state of two buildings. In July 2024, the court granted HPD...

Court Awards Former Tenant Damages to Replace Personal Property Landlord Threw Out

October 28, 2024    

Former tenant sued landlord, claiming damage to, destruction of, and loss of personal property that he claimed landlord removed from tenant's apartment and threw in the garbage left out for street collection....

Prospective Tenants with FHEPS Vouchers Claim Income Discrimination

October 28, 2024    

Potential tenant, a domestic violence survivor who was staying at a shelter with her child, had no current income but had a FHEPS program voucher that would pay 100 percent of her rent. She applied to landlord for...

Additional Tenant Added to Renewal Lease May Be Responsible for Back Rent

October 28, 2024    

Landlord sued two apartment tenants for back rent and use and occupancy. The lease originally was between landlord and one of the tenants alone. A two-year lease renewal starting April 1, 2020, added the second named...

Landlord Is Liable for Child's Lead Poisoning from Paint Chips

October 28, 2024    

Tenant, the mother of a young child, sued landlord, claiming landlord was responsible for injuries to the child from exposure to lead paint in tenant's apartment. Tenant asked the court to find landlord...

Tenant Awarded $2,500 to Replace Furniture Damaged by Landlord's Contractor

October 28, 2024    

Tenant sued landlord, claiming that she was injured and that her personal property was damaged when landlord's contractor negligently made repairs in her apartment, causing construction dust and debris to...

Landlord's 90-Day Termination Notice Wasn't Sent on Time

October 28, 2024    

Landlord sued to evict tenant from a rented house after sending a 90-day lease nonrenewal notice. Landlord sought $10,000 in unpaid rent in her court petition. Tenant asked the court to dismiss the case because the...

Tenant Gets Substantial Rent Abatement for Apartment Conditions

October 28, 2024    

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The trial court ruled for tenant, and awarded tenant a rent abatement of over $30,000. This...

Landlord Can't Sue Deceased Tenant or Nontenant for Unpaid Rent

October 28, 2024    

Landlord sued tenant and another individual for unpaid rent under a rent-stabilized lease. Landlord asked the court for a default judgment against the parties after they failed to respond. The court ruled against...