NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Occupant's Claim of Illusory Tenancy Is Stricken as Insufficient

February 22, 2023    

Rent-stabilized tenant sued to evict apartment occupant as a licensee who, in turn, claimed that tenant was an illusory prime tenant and that she was entitled to be named the unit's rent-stabilized tenant....

No ERAP Stay Applied to Court Action for Money Judgment Only

February 22, 2023    

Landlord sued tenant for breach of tenant's residential lease and sought an inquest to obtain a money judgment for back rent when tenant failed to respond to the summons and complaint served on him. Landlord...

Provisional Approval of Occupant's ERAP Application Dissolved Stay of Eviction Case

February 22, 2023    

Landlord sued to evict tenant for illegally subletting his apartment. The apartment occupant, but not the tenant, appeared in the court proceeding and showed that she had filed an ERAP application for rental...

Court Partially Vacates ERAP Stay Beyond 15 Months' Outstanding Rent

February 22, 2023    

A Mt. Vernon landlord sued to evict tenant for nonpayment of rent. Tenant lived in HUD project-based Section 8 housing. Tenant filed an ERAP application seeking rental assistance, resulting in an automatic stay of...

Westchester Court Vacates ERAP Stay, Finding Section 8 Tenant Unlikely to Get Funds

February 22, 2023    

Mt. Vernon landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant filed an ERAP application for rental assistance which, by law, stayed the eviction proceeding pending determination of the application...

OTDA Expected to Deny Tenant's Second ERAP Application

February 22, 2023    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed tenant owed back rent of $11,714 through February 2022. Landlord sought a default judgment when tenant failed to answer the petition. Tenant then...

Landlord's Eviction Case Against Former Super Dismissed

February 22, 2023    

Landlord sued to evict its former building superintendent after the super's employment was terminated. The super asked the court to rule in his favor without a trial. Landlord in turn asked the court to rule in...

Tenant Had No Credible Explanation for Extensive Absence from Apartment

February 22, 2023    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. The court found no grounds to disturb the court's findings, which were based...

Landlord May Be Responsible for Tenant's Dog Biting Mailman

February 22, 2023    

A U.S. Postal Service mail carrier sued landlord in 2016 after he was bitten by tenant's dog while delivering the mail. The mailman claimed that landlord was strictly liable for his injuries. After pre-trial...

DHCR Reasonably Denied Landlord's Demolition Application

February 22, 2023    

Landlord applied for permission from the DHCR to demolish a building containing rent-regulated tenants. The DHCR ruled in 2018 that landlord's proposal didn't constitute demolition. Landlord filed an Article...

HSTPA Bars Deregulation of Stuyvesant Town Units After J-51 Tax Benefits Expire

February 22, 2023    

Building complex tenants sued landlord in 2020, claiming that changes to the NYC Rent Stabilization Law made under the HSTPA in 2019 barred landlord from deregulating 6,200 apartments. Landlord argued in response...

Is Landlord Responsible for "Drug Fumes" from Neighbor's Unit Tenant Claims Injured Her?

January 30, 2023    

Tenant sued landlord for negligence, claiming that she was injured in her apartment by dangerous "drug fumes" coming from a neighbor's unit. Landlord asked the court to dismiss the case without trial....