NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

RPAPL Section 226-c Didn't Require Personal Service of Lease Nonrenewal Notice

November 24, 2022    

Landlord sued to evict unregulated tenant after sending a 90-Day Notice of Intent Not to Renew Tenancy. Tenant advised the court that he had filed an ERAP application, which resulted in an automatic stay of the...

Court Won't Vacate ERAP Stay Where Landlord Presents No Proof of Nuisance

November 23, 2022    

Landlord sued to evict Yonkers tenant for violating his lease by permitting more than three people to live in his apartment. Landlord also claimed that tenant had damaged the apartment and that he threatened the...

Landlord Must Pay Penalties After Trial Court Finds Landlord Harassed Tenant

November 23, 2022    

Tenant sued landlord in a housing court HP proceeding based on HPD violations and a harassment claim. After a trial, the court ruled for tenant based on findings that landlord had harassed her. Among other things,...

Federal Court Dismisses Tenant's Case Against Landlord, HPD, and Housing Court Judge

November 23, 2022    

Tenant brought a lawsuit in federal court against his landlord, an HPD representative, another building tenant, an attorney from landlord's office, and the housing court judge who was presiding over a case by...

Landlord Not Responsible for Deceased Tenant's Slip-and-Fall During Storm

November 23, 2022    

Tenant's estate sued landlord for negligence after tenant slipped and fell from an outdoor step that was covered in snow and ice. The tenant died as a result of the fall. Landlord asked the court to dismiss the...