NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenants Can Proceed with Overcharge Case in a Class Action

July 22, 2022    

Current and former tenants of several buildings in Washington Heights sued landlord, claiming improper deregulation and rent overcharge in their J-51 building. Tenants asked the court to certify them as a class for...

No Illusory Tenancies Found in Transitional Housing Program

July 22, 2022    

Apartment occupants, who were recipients of transitional housing and services for homeless individuals, were placed in landlord's apartments by the Dept. of Homeless Services (DHS) under the Cluster Transitional...

Co-op Waived Monetary Penalties Against Shareholder Tenant Who Violated No-Pet Policy

July 21, 2022    

Co-op shareholder tenant sued landlord co-op corporation for declaratory and injunctive relief. Tenant got a dog in February 2021, in violation of the building's policy against keeping pets. Despite seeing tenant...

ERAP Stay Vacated by Court Where Occupant Was Former Super Who Never Paid Rent

July 21, 2022    

Landlord sued to evict its former building superintendent after his employment was terminated in October 2021. The super had lived in one of landlord's apartments since 2017 in connection with his employment....

Court Won't Vacate ERAP Stay Despite OTDA Statement That Section 8 Tenant Can't Get Funds

July 21, 2022    

Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord claimed that tenant owed $28,000 with arrears dating back to late 2018. Landlord asked the court to vacate a stay of the case imposed by tenant...

Court Won't Delay Eviction Case Against Unregulated Tenant Based on Pending HP Proceeding

July 21, 2022    

Landlord sued to evict unregulated tenant in a three-family house after sending a 60-day termination notice to tenant at the apartment. The notice was sent by conspicuous place service after attempts at personal...

Provisional Approval of ERAP Application Vacates Stay of Eviction Proceeding

July 21, 2022    

Landlord sued to evict apartment occupants after rent-stabilized tenant died. The occupants claimed succession rights and filed a Hardship Declaration, which stayed the case until Jan. 15, 2022. The case was then off...

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...