NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Orange County Court Strikes City of Newburgh's Good Cause Eviction Law

December 19, 2022    

Several landlords together sued the City of Newburgh and sought a judgment declaring that Newburgh Local Law 6 of 2021 was invalid. Local Law 6 provided that no landlord could evict a tenant except for good cause as...

Tenant Entitled to Almost $74K for Rent Overcharge

November 25, 2022    

Tenant sued landlord for rent overcharge and fraudulently deregulating its entire building, including tenant's apartment. Landlord had deregulated tenant's apartment despite the fact that the building was...

Court Denies Landlord's Request to Vacate ERAP Stay

November 25, 2022    

Landlord sued to evict tenant in Ithaca City Court. Tenant then filed an ERAP application, which automatically stayed the case pending a ruling by the State Office of Temporary and Disability Assistance (OTDA) on...

No Negative Inference Drawn by Court Where Tenant Didn't Testify

November 25, 2022    

Landlord sued to evict rent-stabilized tenant for nonprimary residence, and named tenant's sister as an apartment occupant. After pretrial questioning, tenant surrendered possession of the apartment. Her sister...

Landlord Filed Affidavit of Service of Petition Late

November 24, 2022    

Landlord sued to evict tenant after terminating her month-to-month tenancy. Tenant applied for ERAP assistance and the case was stayed automatically pending a decision on the application by the NY Office of Temporary...

Jury Waiver Clause in Tenant's Lease Was Enforceable in Federal Court Action

November 24, 2022    

A co-op shareholder tenant sued landlord co-op corporation in federal court, claiming discrimination in violation of the Fair Housing Act. At some point, landlord asked the court to strike a jury demand made by...

Apartment Occupant Can't Get Succession Rights to NYCHA Apartment

November 24, 2022    

In 2019, after a hearing, NYCHA denied occupant's application for succession rights to tenant's apartment as a remaining family member. The occupant then filed an Article 78 court appeal and lost. She then...

Landlord Shows No Reasonable Excuse for Default in HP Proceeding

November 24, 2022    

Tenant brought an HP proceeding seeking correction of violations and for a finding of harassment. In January 2022, the court issued a default order to restore heat. The order cited an HPD class "C"...

Shelter Occupant Had No Constitutional Right to Housing

November 24, 2022    

A temporary housing occupant sued the City of New York, DSS, HPD, and some private shelter organizations, claiming that they had tried to force her into NYC's shelter system when she sought housing accommodations...

Tenant's Federal Lawsuit Against NYCHA for Lack of Heat and Hot Water Dismissed

November 24, 2022    

Tenant sued landlord NYCHA in federal court, claiming that NYCHA deprived her of adequate heat and hot water, and may have sent an employee into her apartment when she wasn't home and without her consent....

Co-op Shareholder Tenants Get Attorneys' Fees in Mold Case

November 24, 2022    

Cooperative shareholder tenants sued landlord co-op corporation in an HP proceeding, claiming that there were hazardous violations based on mold conditions in their apartments. They further claimed the condition was...

Wrongful Death Claim Against NYCHA by Police Officer's Family Was Untimely

November 24, 2022    

In 2014, police officer Guerra entered a NYCHA building after observing smoke coming from the 13th floor. Officer Guerra and his partner were soon overcome by smoke and collapsed. Firefighters rescued them and took...