NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Landlord Didn't Forfeit Security Deposit Applied to Needed Apartment Repairs

February 14, 2022    

Landlord sued tenant for $12,000 in back rent owed between May and October 2020, as well as for $1,443, which was the amount in excess of the $17,000 security deposit that landlord spent to repair and restore the...

Pandemic Laws Can't Prevent Landlord from Immediate Abatement of Unsafe Conditions

January 26, 2022    

Landlord sued to evict ETPA tenant for nonpayment of rent, claiming tenant owed $6,800 in arrears. Tenant consented to admitting landlord to the apartment to make repairs while the case was pending. But tenant later...

Court Holds Landlord in Contempt for Failure to Make Repairs

January 21, 2022    

Landlord sued to evict tenants for nonpayment of rent. The parties settled the case in court. Landlord discontinued the nonpayment claim and agreed to make repairs in the apartment. Tenants later asked the court to...

Landlord Can't Transfer DHR Discrimination Complaint to State Supreme Court

January 21, 2022    

Tenant complained to the State Division of Human Rights (DHR) of housing discrimination by landlord based on source of income. The DHR found probable cause to go forward with consideration of tenant's claim and...