NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Federal Appeals Court Denies Landlords' Constitutional Challenge to Rent Stabilization Law

March 23, 2023    

Shortly after HSTPA was enacted in June 2019, the Community Housing Improvement Program (CHIP), Rent Stabilization Association of NYC (RSA), and several individual landlord entities sued the City of New York, the...

Federal Appeals Court Finds No Fifth Amendment Taking or Due Process Violation by HSTPA Amendments to RSL

March 23, 2023    

Landlords sued the City of New York, the DHCR, and the NYC Rent Guidelines Board in federal court soon after the Housing Stability and Tenant Protection Act of 2019 (HSTPA) was enacted to amend the Rent Stabilization...

Tenant Gets Attorney's Fees in Civil Contempt Motion Against Landlord

February 23, 2023    

Tenant sued landlord in an HP proceeding. Landlord failed to appear in court, and after inquest, the court ruled that landlord was in civil contempt of the court's January 2022 default order, had engaged in...

Co-op Board Can Terminate Shareholder Tenancy Based on Objectionable Conduct

February 23, 2023    

Shareholder tenant sued landlord cooperative corporation and asked the court to set aside and declare void and unenforceable notices of termination of her proprietary lease that were issued by landlord in 2021 as...

Tenant Filed Improper Claims Against Landlord in Federal Court

February 23, 2023    

Tenant sued landlord, the ground-floor commercial tenant, and the U.S. Department of Justice (DOJ) in federal court. Tenant claimed that the floor of his second-floor apartment was damaged and his mail stolen when...

Shareholder Tenant Claims Co-op Board Improperly Denied Him a Second Parking Space

February 23, 2023    

The co-op shareholder tenant of two apartments in a building sued landlord cooperative corporation and its board of directors, claiming breach of contract and breach of fiduciary duties. Tenant claimed that the co-op...

Landlord May Be Responsible for Nonstructural Floor Defect

February 23, 2023    

Suffolk County tenant sued landlord after he was injured in landlord's building due to a defect in the interior flooring. Landlord asked the court to dismiss the case, claiming that it was an out-of-possession...

Court Won't Consolidate Tenant's Personal Injury Suit Against Landlord with Eviction Case

February 23, 2023    

Tenant sued landlord in June 2020 for breach of the warranty of habitability, breach of the lease, constructive eviction, negligence, and intentional infliction of emotional distress. Tenant sought monetary...

Former Tenant Claims Breach of Warranty of Habitability

February 23, 2023    

Landlord, the owner of a condominium unit, sued tenant after tenant broke the lease and moved out of the apartment in December 2018. Tenant's one-year lease term started in August 2018 at a monthly rent of $19,...