NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Lifts Subtenant's Bankruptcy Stay So Landlord Can Proceed with Eviction Case

September 28, 2022    

The subtenant of an apartment located in landlord's building filed a Chapter 7 bankruptcy petition, which automatically imposed a stay on all creditors including landlord. Landlord asked the court to lift the...

Landlord Not Responsible for Tenant's Relocation Costs

September 28, 2022    

Tenant sued landlord after she and her family had to vacate her apartment under an HPD vacate order. This was the second vacate order resulting from a second fire that tore through the building. HPD had relocated...

Federal Court Dismisses Discrimination Claims by Prospective Low-Income Tenants

September 28, 2022    

Prospective tenants sued landlord of mixed-use 421-a buildings in Hudson Yards that included affordable rental units and market-rate condominiums. The plaintiff tenants were Black and low income, and were selected by...

Rent Act of 2015 Didn't Base Vacancy Deregulation on Amount of Prior Stabilized Rent

September 28, 2022    

Tenant sued landlord in January 2019, claiming that his apartment had been improperly deregulated and that he'd been overcharged. Tenant moved into the unit in November 2017 at a monthly rent of $2,400. The lease...

Landlord Can't Vacate ERAP Stay Just Because Program Funds Had Been Exhausted

September 28, 2022    

Landlord sued to evict Yonkers tenant for nonpayment of rent. The proceeding was stayed because tenant filed an ERAP application for rent relief. Landlord asked the court to vacate the ERAP stay because the...

Former Tenant Gets 10% Rent Abatement for Apartment Conditions

September 28, 2022    

Landlord sued former tenant in small claims court for unpaid rent totalling $3,850. Tenant claimed the apartment was in bad condition, creating a breach of the warranty of habitability. The court ruled for landlord...

Court Won't Lift ERAP Stay Despite Pre-Pandemic Rent Arrears

September 27, 2022    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant initially defaulted, but the case was reopened and tenant was given an opportunity to answer. But in March 2020, the case was delayed...

No Breach of Warranty of Habitability Where Tenants Lived in Unit Only a Few Days a Year

September 27, 2022    

Shareholder-tenants of cooperative building sued landlord cooperative corporation for damages resulting from leaks into their unit and sought to withhold maintenance payments while the case was pending. The court...

Court Vacates ERAP Stay Where Unregulated Tenant's Tenancy Had Expired

August 25, 2022    

Landlord of two-family house sued to eject tenants of one unit. Their lease had expired on Jan. 31, 2019, after which they remained as month-to-month tenants. Landlord sent tenants a 90-day termination notice in...

Tenant Claims Landlord's LEP Policy Discriminated Against Housing Applicants

August 25, 2022    

A not-for-profit group advocating against housing discrimination sued landlord for violations of the Fair Housing Act of 1968 (FHA) and the New York State Human Rights Law (NYSHRL) based on refusal to rent to a...

ERAP Stay Vacated Where Occupant Claimed Succession Rights

August 24, 2022    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant filed for ERAP assistance, which automatically stayed the proceeding. Landlord then asked the court to vacate the ERAP stay....

Broker Didn't Advise Tenant She Also Owned the Apartment

August 24, 2022    

Former tenant of a two-family house sued landlord, who was also his real estate broker, seeking a refund of $2,900 he paid to landlord when he rented the apartment. Landlord, in turn, counterclaimed for $5,000,...