NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Vacancy Lease for Tenant and New Co-Tenant Didn't Cause Vacancy Deregulation

November 17, 2021    

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant asked the court to dismiss the case and argued that she was rent stabilized. Tenant moved into the unit in 2013 under a rent-...

Court Improperly Denied Landlord's Request to Amend Petition's Misstatement

October 27, 2021    

Landlord sued to evict tenant. During the housing court proceeding, landlord asked the court for permission to amend its petition because it had misstated the multiple dwelling status of the building. The court ruled...

Landlord Gets Judgment of Possession in Pre-COVID Proceeding

October 27, 2021    

Landlord sued to evict tenant for nonpayment of rent in 2019. In March 2021, after a period where the case was suspended during the COVID-19 pandemic, landlord sought to restore the case to the court's calendar...

Hardship Declaration Protection Applied to Delay Eviction in Class Action

October 27, 2021    

Tenants brought a class action against landlord claiming improper deregulation of their apartments and rent overcharge. While the case was pending, the court ordered tenants to pay monthly use and occupancy pending a...

Shareholder Tenant Must Pay Use and Occupancy While Lawsuit Is Pending

September 28, 2021    

Cooperative shareholder tenant held shares of two apartments in a co-op building. He entered an agreement with the co-op by which he would receive a maintenance credit until certain repairs were completed by the co-...

Landlord Doesn't Prove Economic Infeasibility Prevented Correction of Violations

September 28, 2021    

Tenants in an SRO building and HPD commenced separate HP proceedings against landlord in housing court, seeking correction of various housing violations to restore habitability after a building fire where a vacate...

Landlord Who Didn't Correct Violations Fined Over $20,000

September 28, 2021    

Tenant sued landlord in housing court, seeking correction of certain Housing Maintenance Code violations. HPD conducted an inspection in response and issued 17 violations, including two Class "C"...

No Harassment of Tenant Found in HP Action

September 27, 2021    

Tenant sued landlord in housing court's HP part, claiming harassment and seeking correction of building violations. The court ruled for tenant. Tenant had lived in the building since 2014, and the building was...

NYCHA Not Required to Restore Tenant's Son to Possession After Locking Him Out

September 27, 2021    

Apartment occupant, who was the son of the deceased tenant, sued landlord NYCHA, claiming that NYCHA had illegally locked him out of his apartment and seeking to be restored to possession. He testified credibly that...

Tenant's Niece Gets Rent-Stabilized Apartment

September 27, 2021    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant died shortly thereafter, and tenant's niece claimed succession rights to the apartment.

Rent-Stabilized Tenant Properly Refused to Sign Ambiguous Renewal Lease

September 27, 2021    

Landlord sued to evict rent-stabilized tenant for refusing to sign a renewal lease. Tenant asked the court to dismiss the case without trial. Both sides argued that a 2008 DHCR rent reduction order supported their...

Court Can Apply Default Formula to Determine Legal Rents in Class Action by J-51 Tenants

September 27, 2021    

Building tenants brought a class action against landlord, seeking a declaration that they were subject to rent stabilization, and a declaration that their legal regulated rents should be calculated according to Rent...