NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Vacates ERAP Stay Granted to Unlawful Subtenant

August 24, 2022    

Landlord sued to evict tenant for illegally subletting his apartment to an occupant. The case was stayed due to subtenant's filing of an ERAP application. Landlord asked the court to vacate the stay, arguing that...

Landlord Must Pay $21,000 for Failing to Provide Cooking Gas for Two Years

August 24, 2022    

Tenants sued landlord in an HP proceeding, claiming harassment in violation of Housing Maintenance Code (HMC) Section 27-2004(a)(48). Tenants asked the court to rule in their favor without a trial, arguing there was...

Court Vacates ERAP Stay Where Tenant's Income Was Above Threshold for Relief

August 24, 2022    

Landlord sued to evict a project-based Section 8 tenant from HUD-subsidized apartment for failure to complete the required annual recertification process for the apartment. Landlord asked the court to vacate an ERAP...

Tenant Can Proceed with Claim that Apartment Was Fraudulently Deregulated

August 24, 2022    

Tenant sued landlord in 2020 for rent overcharge and fraudulent deregulation of her apartment due to landlord's claimed high-rent vacancy deregulation. Tenant also claimed violation of General Business Law (GBL)...

Was Out-of-Possession Landlord Responsible for Injuries on Building Ramp?

August 24, 2022    

An individual sued landlord for negligence after he slipped and fell due to a claimed unreasonable accumulation of moss, algae, or other plant growth on an exterior ramp at the apartment building landlord owned....

Landlord Can't Deny Apartment to Voucher Tenant Based on Source of Income

August 24, 2022    

A prospective tenant, who was a mother with two children, sued landlord of a Bronx housing complex after landlord denied her an apartment rental application because she didn't earn at least $62,000 per year. The...

Review of Facts Needed to Determine If Apartment Was Properly Deregulated

August 24, 2022    

Decision submitted by Noah Levenson, Esq. of the Manhattan law firm of Butnick & Levenson LLP, attorneys for the landlord.

Landlord's Termination Notice on Unregulated Tenant Didn't Comply with RPL Section 226-c

August 24, 2022    

(Decision submitted by John Bart of DC 37 Municipal Employees Legal Services, who represented the tenant.)

 

Eviction Proceeding Dismissed Due to Improper Nonrenewal Notice

August 23, 2022    

Landlord sued to evict unregulated tenants. The court dismissed the case because landlord failed to serve tenants with a valid, statutorily required 90-day notice before starting the case. Before HSTPA was enacted on...

Court Finds Albany's Good Cause Eviction Law to Be Invalid

July 24, 2022    

The Supreme Court of Albany County found that the City of Albany’s Good Cause Eviction law (Local Law F of 2021) was in direct conflict with and preempted by New York State law. The plaintiffs argued...

Acceptance of ERAP Funds in Licensee Holdover Doesn't Dismiss the Case

July 24, 2022    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The case was delayed, initially by occupant's filing of a Hardship Declaration, then by her pending ERAP application. After ERAP...

Landlord Must Refund Additional Rent Paid by Tenant Under Casado Decision

July 22, 2022    

Rent-stabilized tenant complained of rent overcharge in 2018. She claimed that she was being charged illegal fees or surcharges, and that landlord was billing her additional rent based on the outcome of the rent...