NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant's Son Must Pay Use and Occupancy While Succession Claim Is Pending

September 27, 2021    

Landlord sued to evict rent-stabilized tenant's estate for nonpayment of rent in late 2018, after tenant died in March 2018. Tenant's son, in turn, responded to the case and claimed succession rights. The son...

Default Formula Can't Be Used to Decide Tenant's Rent Overcharge Claim

September 27, 2021    

Landlord sued tenant for nonpayment of rent. In response, tenant claimed rent overcharge, asked the court to utilize the default formula in determining the apartment rent, and sought pre-trial document production. In...

Holdover Petition Against ETPA Tenant Dismissed for Failure to Serve Proper Notice

September 27, 2021    

Landlord sued to evict tenant, claiming that the tenancy had expired. Tenant asked the court to dismiss the case, claiming that the petition was defective for not properly pleading a cause of action. Tenant claimed...

Court Denies Former Tenant's Request to Dismiss Unpaid Rent Claim

September 23, 2021    

Landlord sued former tenant for $7,000, claiming that tenant failed to provide proper and timely notice of vacatur. So landlord didn't get possession of the unit until April 30, 2017. The court ruled for landlord...

Flooding Leaves Apartment Uninhabitable

September 23, 2021    

Tenant sued landlord and property manager, seeking compensation for her 34-day relocation to a temporary apartment after a hole in the building's roof allowed extensive water damage to her apartment during a...

Housing Court Decides to Enforce DHCR Service Reduction Order in HP Proceeding

September 23, 2021    

Tenant sued landlord in a housing court HP proceeding, claiming that a sloping floor condition in his apartment needed correction even though HPD issued no violation for the condition after inspection. The court...

Unlawful Apartment Occupants Get No Delay of Eviction Case Under CEEFPA

September 23, 2021    

Landlord sued to evict apartment occupants after tenant surrendered possession. One unnamed occupant filed a COVID-19 Hardship Declaration. Another unnamed occupant appeared in court on a case adjournment date. The...

Landlord Was Responsible for Rent Overcharge Despite Building Purchase at Judicial Sale

August 26, 2021    

Landlord sued to evict rent-stabilized tenants based on nonpayment of rent. Tenants claimed rent overcharge. The court ruled against landlord and in favor of tenants in 2018. The court found that rent overcharges due...

CEEFPA Bars Landlord From Evicting Occupant Without Additional Motion Filing

August 26, 2021    

Landlord sued to evict an unregulated tenant and his roommate from an apartment in 2018. On March 4, 2020, after a number of court appearances and motion practice, landlord signed a court-ordered settlement agreement...

Tenant Can't Reopen Nonpayment Case

August 26, 2021    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, awarding possession and a money judgment for $10,183. Tenant then asked the court to reopen the case based on claimed newly...

Court Won't Reject Tenant's Hardship Declaration Where Landlord Doesn't Prove Nuisance

August 26, 2021    

Landlord sued to evict tenant in 2021 for creating a nuisance. Landlord also filed an order to show cause in May 2021 asking the court to reject a Hardship Declaration that tenant had filed, and to vacate any stay of...

Tenant Can File Late Answer and Conduct Pre-Trial Questioning in Nuisance Case

August 26, 2021    

Landlord sued to evict rent-stabilized tenant for breaching a substantial obligation of her tenancy and for creating a nuisance through objectionable conduct. Landlord claimed that tenant caused loud music to emanate...