NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

SRO Tenants Get Preliminary Injunction Against Landlord's Use of Video Cameras Inside Building

March 28, 2022    

Rent-stabilized tenants in a single-room occupancy (SRO) brownstone building collectively shared access to the building's kitchen, bathrooms, living area, and backyard. Landlord bought the building in 2015 and in...

Court of Appeals Upholds Loft Board Rejection of Landlord-Tenant Settlement Creating Illegal Living Arrangement

March 28, 2022    

In March 2014, four residents of a loft building submitted Loft Law coverage applications to the NYC Loft Board, seeking to compel landlord to legalize the building as an interim multiple dwelling (IMD). Landlord...

Appeals Court Upholds DHCR Explanatory Addenda Concerning Pre-HSTPA Deregulation Orders

March 28, 2022    

Landlord filed for high-rent/high-income deregulation of three rent-stabilized apartments. Prior to June 14, 2019, when the HSTPA prospectively discontinued luxury deregulation of rent-regulated apartments, the DHCR...

Appeals Court Finds Rent Overcharge Must Be Recalculated

March 28, 2022    

Tenants sued landlord in 2020 for rent overcharge and improper deregulation. In 2014, prior landlord had registered the apartment with the DHCR as exempt due to high-rent vacancy and based on improvements although...

Loft Unit Exempt from Rent Stabilization After Sale of Prior Tenant's Rights and Improvements

March 28, 2022    

Landlord sued to evict loft tenant. The court granted tenant's request to dismiss the case without trial, finding that the loft unit was subject to rent stabilization. Landlord appealed and lost before the...

Disabled Tenant Needs Emotional Support Dog

March 28, 2022    

Tenant moved into the building in 2011 and had been diagnosed at that time with a major depressive disorder and generalized anxiety disorder. In 2013, tenant asked landlord for an accommodation so that he could get...

Landlord Can Continue to Seek Money Judgment in Case Commenced Before Tenant Moved Out

March 28, 2022    

Landlord sued to evict unregulated tenant. Tenant moved out of the apartment while the case was pending. The court then ruled against landlord "without prejudice" to landlord's right to bring a plenary...

Tenants in J-51 Building Qualify for Class Action Certification

March 28, 2022    

Tenants of an apartment building sued landlord for rent overcharge after landlord improperly deregulated units while the building received J-51 tax benefits. The court denied tenants' request for certification of...

Landlord Must Reimburse Tenant for Excessive Gas Charge Caused by Gas Leak

March 28, 2022    

Tenant sued landlord in small claims court for $2,400, based on excessive gas charged to tenant by Con Edison. Tenant claimed that the gas charge resulted from landlord's negligence in failing to detect and fix a...