NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Sanctioned by Court for Late-Date Claim Regarding Plaintiffs' Attorneys

April 26, 2022    

Tenants sued landlord in 2016, claiming rent overcharge and improper deregulation of their apartments while landlord received tax benefits under RPTL Section 421-g. In 2017, the court ruled that tenant's units...

Appeals Court Reinstates Tenants' Claims of Harassment and Assault by Landlord

April 26, 2022    

Tenants appealed a court's denial [see LVT #31340] of their claims against landlord for...

Pending ERAP Application Won't Delay Eviction Proceeding for Former Super

April 26, 2022    

Landlord sued to evict the building's former superintendent after the super's employment was terminated in September 2021. The super lived in an apartment in the building as an incidence of his employment and...

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...