NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

New Trial Needed on Whether Tenant's Apartment Was Deregulated

December 22, 2021    

Landlord sued in 2016 to evict tenant for nonpayment of rent. Landlord claimed that the apartment wasn't rent stabilized because its outer dimensions had been substantially altered. The court dismissed the case...

Landlord Gets Injunction Against Tenant's Objectionable Conduct

December 22, 2021    

Landlord sued loft tenant in State Supreme Court, seeking both preliminary and permanent injunctions, to stop tenant from all illegal and/or objectionable conduct in the building and his unit. Landlord claimed that...

Broker's License Revoked for Defrauding Landlords and Tenants

December 22, 2021    

A NYC real estate broker appealed a decision by the state's Division of Licensing Services to revoke his broker's license. After a hearing, the division had found that the broker demonstrated...

Loft Board Reasonably Denied Landlord's Abandonment Application

December 22, 2021    

Landlord applied to the NYC Loft Board for a determination that tenant's loft unit had been abandoned. The Loft Board ruled against landlord, who then filed an Article 78 court appeal. The court ruled against...

No Second MCI Increase for Facade Work Within Useful Life of Prior Work

December 22, 2021    

The DHCR denied landlord's application for an MCI rent hike relating to pointing, waterproofing, and related facade work. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was...

Landlord Didn't Prove Building Was in Substandard Condition

December 22, 2021    

Landlord applied to the DHCR in 2018 for a determination that its building had been substantially rehabilitated and therefore was exempt from rent stabilization. The DHCR ruled against landlord, who then filed an...

Landlord Didn't Prove Tenant Caused Reduction in Services

December 22, 2021    

Rent-stabilized tenant complained to the DHCR of a reduction in services and that landlord failed to perform certain renovation or repair work to her apartment. The DRA ruled for tenant, and the DHCR denied landlord...

Tenant Doesn't Prove Harassment Based on Alleged Toxic Odor

November 22, 2021    

Tenant brought an HP proceeding against landlord, claiming harassment. She said there was a "toxic odor invading" her apartment in June 2020 and that landlord did nothing about it. Landlord asked the court...

Appeals Court Revokes Lower Court's Order to Vacate Settlement Agreement

November 22, 2021    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant didn't appear in court, but occupant appeared and claimed succession rights as a nontraditional family member. Landlord and occupant...

Landlord Can't Evict Successor Tenant for Not Paying Prior Tenant's Unpaid Rent

November 22, 2021    

Landlord sued to evict Mitchell-Lama tenant in April 2019, claiming that she owed $17,897 in back rent from November 2017 through March 2019 under an occupancy agreement. Tenant previously had lived in the apartment...

Unregulated Tenant Can Evict Roommate Who Claims They Were Domestic Partners

November 22, 2021    

Unregulated tenant sued to evict her roommate in housing court after terminating his month-to-month subtenancy. The roommate claimed that he was the tenant's nontraditional family member because they had lived...

Federal Appeals Court Upholds NYC COVID Harassment Laws

November 22, 2021    

In May 2020, NYC amended its residential and nonresidential harassment laws, to prohibit "threatening" tenants based on their "status as a person or business impacted by COVID-19, or . . . receipt of a...