NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Harassed Tenant Through Groundless Eviction Proceedings

April 26, 2022    

Tenant sued landlord and HPD in an HP proceeding, seeking an order to correct violations and a finding of harassment by the landlord. The trial court ruled in tenant's favor.

Tenant Couldn't Switch Forums for Overcharge Claim

April 26, 2022    

Tenant complained to the DHCR of rent overcharge and landlord's refusal to give her a rent-stabilized renewal lease. Landlord claimed that the apartment was deregulated. The DRA ruled for tenant but found no...

DHCR Reasonably Determined That Landlord Didn't Overcharge Tenant

April 25, 2022    

Tenant complained to the DHCR of rent overcharge and improper deregulation of her apartment. The DHCR ruled against tenant, who filed an Article 78 proceeding for judicial review of the DHCR's decision. The court...

Court Dismisses Tenant's Harassment Claim Against Landlord

April 25, 2022    

Rent-stabilized tenant commenced an HP proceeding against landlord in housing court. Landlord asked the court to dismiss the tenant's harassment claim without trial. The actions tenant complained about in his...

Tenants Can Pursue Harassment Claim Against Landlord

April 25, 2022    

Fifteen tenants in a building claimed rent overcharge and sued landlord for damages based on violations of General Business Law Section 349 concerning deceptive business practices. Landlord asked the court to dismiss...

Court Lifts ERAP Stay of Holdover Proceeding Against Occupant

April 25, 2022    

Landlord sued to evict apartment occupants as "licensees" after the unit's rent-stabilized tenant died. Shortly after landlord filed the holdover petition in August 2021, one of the occupants filed a...

Tenant's Pending ERAP Application Stays Holdover Proceeding Not Based on Unpaid Rent

April 25, 2022    

Landlord sued to evict tenant because tenant was holding over after service of a 90-day notice terminating her tenancy. Landlord sought a judgment of possession, warrant of eviction, as well as rent, late fees, and/...

Tenant Can Subpoena DHCR Rent Registration Records for Entire Building

April 25, 2022    

Tenant sued landlord, claiming rent overcharge and improper apartment deregulation. During the proceeding, tenant subpoenaed DHCR rent registration records for the entire building. Landlord objected and asked the...

Case Dismissed When Tenant Testified He No Longer Sought Restoration to Possession

March 28, 2022    

Tenant sued landlord for illegal lockout from his apartment. Pending a hearing on tenant's emergency order to show cause, the court directed landlord not to re-rent or remove any of the apartment contents. Tenant...

Pedestrian Injured by Falling Lounge Chair Can Sue Absentee Tenants for Negligence

March 28, 2022    

A pedestrian sued a building's condominium corporation and apartment tenants after she was struck by a lounge chair that fell from the terrace of the 12th-floor penthouse apartment. Tenants asked the court to...

Eviction Case Dismissed Despite Tenant's Default Based on Improper Service of Hardship Declaration Form

March 28, 2022    

Landlord sued to evict tenant after serving a 60-day notice. Landlord and tenant appeared on Nov. 8, 2021, the first court date and tenant was referred to legal counsel by the court. Neither tenant nor his attorneys...

Former Tenants of Foreclosed Property Didn't Pay Rent and Couldn't Stay Eviction Under ERAP

March 28, 2022    

Landlord, which had obtained the subject property in a foreclosure action in March 2019, sued to evict tenants in October 2019. The court ruled for landlord on Jan. 28, 2020. Because of the COVID pandemic and...