NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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....

Landlord Didn't Disclose It Had Received LRAP Funds to Pay Tenant's Rent

January 30, 2023    

Landlord sued to evict tenant after tenant's lease expired. Attorneys for both sides signed a settlement stipulation in court. In that agreement, tenant agreed to move out at the end of September 2022. Tenant...

Landlord Who Provided Emergency Lighting During Power Outage Owed Duty of Care to Injured Tenant

January 30, 2023    

Tenant sued landlord for negligence. She was injured when she fell down a darkened stairwell in her senior apartment complex during a power outage, and broke both of her arms. Landlord asked the court to dismiss the...

Holdover Petition Dismissed Based on Insufficient Description of the Subject Apartment

January 30, 2023    

Landlord sued to evict tenant. Both the landlord's predicate notice and the petition referred to the premises as the "1st Flr." apartment although it was undisputed that tenant lived in the unit above...

DHCR Must Reconsider Whether MCI Based on Pointing/Waterproofing Was Depreciable

January 30, 2023    

(Decision submitted by Michele McGuinness, Esq. of the Manhattan Law Firm of Collins, Dobkin & Miller, attorneys for the tenants.)

Landlord Who Didn't Provide Water to Tenant's Apartment for 3 Years Was Fined $9,000

January 30, 2023    

Tenant sued landlord in an HP proceeding, seeking correction of violations. Tenant testified that she hadn't had water in her apartment for more than three years, and that there was also an infestation of mice...

Court Can't Award Money Judgment for Back Rent Because Tenant Had Moved Out

January 30, 2023    

Landlord sued to evict tenant for nonpayment of rent. At some point while the case was pending, tenant moved out and surrendered possession of the apartment to landlord. Landlord then asked the court for a money...

Court Recalculates Rent Overcharge Findings Based on Default Formula

January 30, 2023    

Thirteen tenants sued landlord for rent overcharge and fraudulent deregulation of apartments in their building. In 2021, The court ruled for a number of the tenants, finding rent overcharges subject to the default...

Trial Required on Breach of Warranty of Habitability, Claims Based on Elevator Repairs

January 29, 2023    

Tenants sued landlord for fraud, breach of the warranty of habitability, and partial constructive eviction due to the building elevator being temporarily out of service. Tenants asked the court to rule in their favor...