NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord That Won't Accept ERAP Gets Automatic Stay Lifted in Holdover Proceeding

June 24, 2022    

Landlord sued to evict unregulated tenant when tenant's lease ended, after serving a 60-day termination notice. The court stayed the proceeding upon learning that tenant had filed an ERAP application, and placed...

Landlord Can't Claim Illegal Lockout by Tenant

June 16, 2022    

Landlord sued tenant, claiming illegal lockout under RPAPL Section 713(10) and commencing the case by order to show cause. The Housing Court initially declined to sign landlord's order to show cause, finding that...

Appeals Court Upholds DHCR Explanatory Addenda Applying Post-HSTPA Repeal of Luxury Deregulation

June 16, 2022    

In separate DHCR proceedings, landlord applied for high-rent/high-income deregulation of three rent-stabilized apartments. In each case, the DRA issued an order of deregulation, which explained that the units each...

Landlord Not Responsible for Her Son's Attack on Tenant's Boyfriend

June 16, 2022    

Tenant's boyfriend was injured during an altercation with tenant's brother that occurred on the stairway outside tenant's apartment. The boyfriend then sued landlord, who lived in the building's...

Tenant Sues Landlord After Chemicals Discharged from Air Conditioner

June 16, 2022    

Tenant sued landlord, along with its contractor that did certain pointing and brick replacement work on the building exterior, to recover damages for personal injuries. She was injured one day in March 2013 when...

Tenant Reinstates Overcharge Claim in Court After HSTPA Confirms Jurisdiction

May 25, 2022    

Tenant sued both her building owner and managing agents for rent overcharge and improper deregulation of her apartment. Tenant claimed that she was rent stabilized although landlord had included a Deregulation Rider...

ERAP Application Filed by Unnamed Occupant Didn't Stay Eviction Case Against Tenant

May 25, 2022    

Landlord sued to evict tenant Gomez for nonpayment of rent in 2021. On the initial court conference date in April 2022, landlord's attorney appeared, tenant appeared pro se, and an attorney appeared for...

Court Annuls DHR Ruling That Landlord Engaged in Unlawful Discrimination

May 25, 2022    

CityVision Services, a not-for-profit corporation involved in the prevention of housing discrimination, filed a complaint against landlord with the NY State Division of Human Rights (DHR). After posing as a...

Roommate Gets Stay of Tenant's Eviction Proceeding Based on ERAP Application Filing

May 25, 2022    

Tenant sued to evict his roommate in 2022. The roommate filed an ERAP application in February 2022. Tenant asked the court to vacate the ERAP stay since the case was a holdover proceeding, not a nonpayment proceeding...

Court Grants Landlord Partial Exemption from ERAP Stay

May 25, 2022    

Landlord sued to evict month-to-month tenants for nonpayment of rent in 2021. In 2022, tenants applied for ERAP assistance to pay arrears totaling $60,800 through March 2022. Landlord claimed that tenants weren't...

Tenant Gets Security Deposit Refund and Punitive Damages

May 25, 2022    

Former rent-stabilized tenant sued landlord in small claims court seeking $2,655 in damages for failure to return her security deposit, among other things. Tenant later amended her claim to increase the amount of...

Tenants Can't Demand DOB Inspection Under Housing Maintenance Code

May 25, 2022    

Tenants sued landlord in an HP proceeding after a seven-alarm fire in the building in July 2012. Tenants sought to compel landlords to correct building violations and provide for further DOB inspection. The court...