NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Can Seek Back Rent from Rent-Controlled Successor Tenant

November 23, 2022    

In a prior eviction proceeding, the trial court granted succession rights to tenant's granddaughter who had lived for at least two years with rent-controlled tenant before tenant's death in December 2012. In...

Acceptance of ERAP Funds Didn't Prevent Eviction of Tenant

October 25, 2022    

Landlord sued to evict tenant for breaching her lease by selling and distributing a controlled substance from the apartment. The Bronx County DA's Office had notified landlord of its belief that tenant was using...

Court Grants $19K Money Judgment to Landlord for Former Tenants' Rent Arrears

October 25, 2022    

Landlord sued to evict tenants for nonpayment for rent arrears covering periods between August 2018 to August 2019. Landlord obtained a judgment of possession and tenants were evicted in 2019. Landlord later sued...

Tenant Claims She Reasonably Denied Access for Repairs During Pandemic

October 25, 2022    

Landlord sued to evict rent-stabilized tenant in 2021 for violating a substantial obligation of her tenancy and unreasonably refusing to provide access for inspection, repairs, and correction of violations placed by...

Tenant Claims Landlord Responsible for Assault by Doorman

October 25, 2022    

Tenant sued landlord and its building doorman, claiming assault and battery after two alleged incidents. Tenant said that, while he filmed the doorman on his phone, the doorman took a metal instrument out of his...

DHCR Improperly Required Landlord to Prove Post-Demolition Plans and Financial Ability

October 25, 2022    

Landlord applied to the DHCR for permission to demolish its building, which housed rent-regulated tenants. The DHCR ruled against landlord, finding that landlord didn't provide post-demolition plans or proof of...

Court Refuses to Lift ERAP Stay in Case Involving Terminated Unregulated Tenancy

October 25, 2022    

Landlord of four-family house sued to evict tenant in February 2020, after terminating the unregulated tenancy. The case was delayed by the eviction moratorium until January 2022, when it expired. Tenant then...

Rent Increase and Failure to Register Didn't Prove Fraudulent Scheme to Deregulate

October 25, 2022    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. The court denied tenant's request for a decision in his favor without a trial. Tenant appealed and lost. Tenant claimed...

Tenant Must Pay Outstanding Use and Occupancy While Overcharge Claim Pending

September 28, 2022    

Tenant sued landlord claiming that his basement apartment was subject to rent stabilization and that he had been overcharged. Landlord denied tenant's claims and asked the court to order tenant to payment monthly...

Court Lifts ERAP Stay in Case Involving Licensee Who Paid Rent to Tenant

September 28, 2022    

Landlord sued to evict apartment occupant, claiming that he was either a squatter or licensee. The occupant filed an ERAP application that automatically stayed the proceeding. Landlord asked the court to vacate the...

Landlord Didn't Give Attorney-Employee Reasonable Accommodation During Pandemic

September 28, 2022    

Landlord's employee, an in-house landlord-tenant attorney, sued landlord and its managing agent for disability discrimination. In March 2020, landlord had instructed the attorney and other legal staff to work...

Building Owner and Management Accused of Not Providing Reasonable Accommodation

September 28, 2022    

The plaintiff, a condo unit owner, sued the condo corporation, its managing agent, and others on a number of grounds, led by failing to provide her with a reasonable accommodation for disabilities disclosed when she...