NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Grants Landlord Partial Exemption from ERAP Stay

May 25, 2022    

Landlord sued to evict month-to-month tenants for nonpayment of rent in 2021. In 2022, tenants applied for ERAP assistance to pay arrears totaling $60,800 through March 2022. Landlord claimed that tenants weren't...

Tenant Gets Security Deposit Refund and Punitive Damages

May 25, 2022    

Former rent-stabilized tenant sued landlord in small claims court seeking $2,655 in damages for failure to return her security deposit, among other things. Tenant later amended her claim to increase the amount of...

Tenants Can't Demand DOB Inspection Under Housing Maintenance Code

May 25, 2022    

Tenants sued landlord in an HP proceeding after a seven-alarm fire in the building in July 2012. Tenants sought to compel landlords to correct building violations and provide for further DOB inspection. The court...

Landlord Can Amend Nonpayment Petition to Seek Alternate Increases Approved in Casado

May 25, 2022    

Landlord sued to evict tenant for nonpayment of rent in 2011. A few months later, based on the decision of NY's highest court in Casado v. Markus, landlord asked the court for permission to...

Tenant Gets Full Security Deposit Refunded in Small Claims Court Action

May 25, 2022    

Tenant sued former landlord in small claims court for return of her security deposit as well as damages for a breach of the warranty of habitability. The trial court ruled for tenant and awarded her $2,738.

Termination Notice Didn't Sufficiently Explain How Tenant Failed to Cure Violation

May 25, 2022    

Landlord sued to evict rent-stabilized tenant for breaching a substantial obligation of her tenancy. Landlord had spelled out in a notice to cure that tenant had installed a "built in" partition in the form...

Tenant Claiming Rent Overcharge Can Seek Discovery in Housing Court Nonpayment Case

May 25, 2022    

Landlord sued to evict tenant in 2018 for nonpayment of rent. In response, tenant claimed rent overcharge and asked the court for permission to conduct pretrial questioning on that issue. The court ruled for tenant...

Appeals Court Permits Tenants to Sue Landlord for Rent Overcharge in Class Action

May 25, 2022    

Building tenants sued landlord for rent overcharge and asked the court for certification as a class action. The court ruled against tenants, who appealed and won.

Landlord Can Seek from Guarantor Rent Arrears Falling Outside Pandemic Protection Period

May 25, 2022    

Landlord sued lease guarantor for a commercial tenant's rent arrears. The court ruled against landlord and dismissed the case. Landlord appealed, and the case was reopened. The unpaid rent sought by landlord...

Appeals Court Denies Tenants' Attempt to Reargue Dismissal of Overcharge Claim

May 25, 2022    

Tenants sued landlord for rent overcharge. The court dismissed the case based on a settlement agreement between landlord and tenants, which was signed in a prior court action where both sides were represented by...

No Illegal Lockout Since Tenant Was Restored to Possession After Filing Order to Show Cause

May 25, 2022    

Tenant brought an order to show cause against landlord under Real Property Actions and Proceedings Law Section 713(10), claiming landlord illegally locked him out of his apartment. Tenant was restored to possession...

Court to Appoint 7A Administrator After Landlord Fails to Comply with Settlement Agreement

May 25, 2022    

Tenants sued landlord, seeking appointment of an Article 7A administrator to manage their building. The case was settled in court in 2019 without appointment of a 7A administrator. Tenants went back to court some...