NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Loft Board Grants Tenant Protected Occupancy Status in Primary Residence Dispute

July 21, 2022    

The NYC Loft Board granted tenant's application for protected occupancy status. Landlord filed an Article 78 court appeal of the Loft Board's decision. The court ruled against landlord, who appealed and lost...

Unauthorized Subtenant Who Filed ERAP Application Gets Stay of Eviction Proceeding

July 21, 2022    

Landlord sued to evict tenant for illegally subletting her apartment and profiteering by charging subtenants more than the legal rent. The subtenant had in fact filed a rent overcharge complaint against tenant with...

Hearing Needed to Determine Penalties on Hot Water Violations

July 21, 2022    

HPD sued landlord, seeking an order to correct violations and assessment of civil penalties. In December 2021, a Consent Order was issued directing landlord to provide hot water at the building. The Consent Order...

Occupant's Estate Sues Landlord and Its Security for Wrongful Death After Shooting

July 21, 2022    

The estate of a deceased apartment occupant sued landlord and its building security provider for wrongful death after the occupant was shot to death by attackers in 2014 on the 17th floor of landlord's apartment...

Tenants Can Subpoena DHCR Rent Registration Records

July 21, 2022    

Tenants sued landlord, claiming that it illegally and fraudulently deregulated their apartments and overcharged them. Landlord denied the claims, and tenants asked the court to approve a subpoena they wanted to serve...

Court Won't Issue Default Judgment Against "J. Doe"

June 27, 2022    

Landlord sued to evict tenant for nonpayment of rent. When tenant and undertenants named in the court caption failed to respond, landlord asked the court for entry of a default judgment, issuance of an eviction...

Landlord Can Subpoena Con Ed Records Predating Tenant's Occupancy

June 27, 2022    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. Tenant claimed that he was rent stabilized. Landlord answered that the apartment was owner-occupied between 2000 and the date...

Tenant Can't Amend Overcharge Action to Name Individual LLC Members as Defendants

June 27, 2022    

Tenant sued landlord in 2019, claiming rent overcharge and improper deregulation of his apartment. Tenant later asked the court for permission to amend his complaint to add two individual defendants. The court denied...

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...