NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Proved 2015 Vacancy Deregulation Through IAIs

February 15, 2022    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. Landlord asked the court to dismiss the case without trial. Tenant argued that issues of fact precluded any summary judgment...

Appeals Court Reverses Finding of Fraudulent Scheme to Deregulate

February 15, 2022    

Tenant sued landlord in 2011 for improper apartment deregulation and rent overcharge. Landlord had deregulated the apartment even though the building was subject to J-51 tax benefits. Tenant's monthly rent was $9...

Is NYCHA Responsible for Tenant's Burn Injuries from Heating Pipe?

February 15, 2022    

Tenant's family sued landlord NYCHA, after a now deceased tenant was burned when he came into contact with a heating pipe in his apartment that was between 218 and 235 degrees Fahrenheit. When NYCHA asked the...

Tenant Can't Claim Breach of a Prior, Unrelated Court Stipulation in New Proceeding

February 15, 2022    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant installed cameras in the building hallways surrounding his apartment. Tenant admitted that he had installed the...

No Default Judgments Granted Where Court Papers Were Served Improperly

February 15, 2022    

Landlord sued to eject former rent-stabilized tenant, one named apartment occupant, and other "John Does" or "Jane Does." Landlord claimed that tenant was a nonprimary resident, while occupants...

Renewal Lease Offer Was Improper

February 15, 2022    

Landlord sued to evict rent-stabilized tenant for failure to renew his lease. The housing court ruled against landlord and dismissed the case. Landlord appealed and lost. It was undisputed that the prior landlord...

Federal Court Can't Consider Occupant's Case That Lacked Valid Discrimination Claim

February 15, 2022    

A pro-se plaintiff, who claimed that he had occupied an apartment with tenant, sued landlord in federal court, after landlord refused occupant's request to transfer the lease into his name and changed the...

Rent-Controlled Tenant's Son Fails to Prove Succession Rights

February 15, 2022    

Landlord sued to evict rent-controlled tenant's son after tenant died. The son claimed succession rights. He said he lived in the apartment while growing up and had never left. Tenant had moved out in 2009, and...

Landlords Claim Property Manager Breached Fiduciary Duty in How Rents Were Set

February 15, 2022    

Landlords of several residential buildings sued their property management company and individual officers affiliated with the management company. Landlords claimed breach of contract, breach of fiduciary duty,...

DHCR's Finding That Buildings Were an HMD Wasn't a Final Ruling Subject to Appeal

February 14, 2022    

Three tenants filed rent overcharge complaints with the DHCR and claimed that they were rent stabilized. According to landlord, the DRA denied these complaints, but then three new complaints were filed, which the DRA...

Court Properly Awarded Damages Based on Landlord's Harassment of Tenants

February 14, 2022    

Tenants sued landlord in an HP enforcement proceeding, claiming harassment. The trial court ruled for tenants. Landlord appealed and lost. There was ample testimonial and documentary proof supporting the court's...

Landlord's Lawsuit Against DHCR for Post-HSTPA IAI Policy Change Dismissed

February 14, 2022    

Landlord sued the DHCR, claiming that the agency's post-HSTPA policies and procedures concerning individual apartment improvement (IAI) rent increases were improper. After HSTPA was enacted, landlords were...