NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Not Responsible for Trip-and-Fall on Cardboard Box

June 27, 2022    

A pedestrian sued landlord NYCHA after falling over a cardboard box near the walkway of landlord's building. Landlord asked the court to dismiss the case, claiming that it followed a reasonable cleaning routine...

Tenants Seek to Opt Out of Settlement of Class Action Based on RPTL 421-g Claims

June 27, 2022    

Tenants sued landlord, seeking a declaratory judgment and injunctive relief under Real Property Tax Law (RPTL) Section 421-g(6). These current and former tenants of landlord's building were members of a putative...

New Landlord Responsible for Rent Overcharge Judgment Against Prior Landlord

June 27, 2022    

Rent-stabilized tenant sued prior landlord in 2010 for rent overcharge. In 2017, the court ruled for tenant and awarded him a money judgment representing the rent overcharge and attorney's fees. That decision was...

ERAP Stay Vacated For Owner Who Remained in Premises Post-Foreclosure

June 27, 2022    

A mortgage lender, FNMA, sued to evict occupant, who had owned the property, in a post-foreclosure eviction proceeding. Occupant signed a settlement agreement in 2019 but failed to vacate as agreed. Eviction was...

ERAP Stay Lifted Where Owner of One-Family House Sought Eviction of Guest

June 27, 2022    

The owner of a one-family home sued to evict occupant in October 2021. The occupant filed a Hardship Declaration at that time, then filed for ERAP assistance in February 2022. The court stayed the proceeding based on...

Condo Unit Owner Can't Sue for Harassment Under Housing Maintenance Code

June 27, 2022    

A condominium unit owner who lived in the unit sued the condo association in an HP housing court proceeding that claimed violations of the Housing Maintenance Code. The unit owner claimed harassment and conditions...

Trial Court Must Reconstruct Portion of Record Found Inaudible by Appeals Court

June 27, 2022    

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that she was a nontraditional family member who had succession rights to the apartment. The trial court ruled for occupant...

Landlord Couldn't Claim Nonpayment of Rent for Months Earmarked as Paid by ERAP

June 27, 2022    

Landlord sued to evict tenant for nonpayment of rent in February 2022. Landlord later asked the court for a default judgment after tenant failed to answer. The court ruled against landlord and dismissed the case....

Rent-Stabilized Tenant's Sister Doesn't Have Succession Rights

June 24, 2022    

Landlord sued to evict rent-stabilized tenant in 2012, based on nonprimary residence. In February 2013, landlord and tenant signed a settlement agreement in court and the court issued an eviction warrant. They agreed...

Nonpayment Proceeding Commenced in 2020 Remains Stayed Due to ERAP Filing

June 24, 2022    

Landlord of a two-family house sued to evict tenant in September 2020 for nonpayment of rent. Tenant answered the petition in October 2020, then on Jan. 4, 2022, filed a Hardship Declaration that stayed the...

ERAP Stay Vacated in Case Where Eviction Warrant Issued Pre-Pandemic

June 24, 2022    

Landlord sued to evict unregulated tenants of a two-family home in September 2019. Landlord and tenants signed a so-ordered settlement agreement in court and agreed to move out. The stipulation included a final...

Court Grants Landlord's Request to Vacate ERAP Stay

June 24, 2022    

Landlord sued to evict unregulated tenant after the expiration of a 90-day termination notice served before tenant's lease ended. Tenant argued that he had applied for ERAP assistance before landlord started the...