NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Hardship Declaration Filed in Ejectment Action Stays Case Through August 2021

July 26, 2021    

(Decision submitted by John Bart of DC37 Municipal Employees Legal Services, attorneys for the tenant.)

Did Insurer Improperly Withhold Coverage for Building After Hurricane?

June 22, 2021    

Landlord sued its property insurance provider, seeking damages for a claimed breach of the insurance policy. Landlord claimed that its insurer refused to pay coverage after Hurricane Irene damaged the building in...

Rent for Improperly Deregulated Tenant in J-51 Building to Be Set by Default Method

June 22, 2021    

Tenant and members of a class that he represented, all tenants in a building that received J-51 tax benefits, sued landlord. Tenants, who were certified as a class by the court, said they never received rent-...

Tenant Awarded Full Security Deposit Refund

June 22, 2021    

Former tenant sued landlord in Suffolk County District small claims court, claiming that landlord improperly withheld her $2,400 security deposit. The court ruled for tenant. Landlord appealed and lost. In a small...

Did Landlord Fail to Cure Mold Violations?

June 22, 2021    

Tenant sued landlord to obtain correction of building violations in his apartment. In October 2020, the trial court issued a decision, finding a Class B violation for mold in the foyer closet and a Class C violation...

Is Landlord Responsible for Fire That Killed Tenant?

June 22, 2021    

The daughter of a deceased rent-stabilized tenant sued landlord for wrongful death after tenant died in a fire that broke out in her apartment during the night while she was sleeping. The daughter claimed that the...

Tenant's Adopted Child Can't Get NYCHA Apartment

June 22, 2021    

NYCHA, as landlord of a federally funded public housing project under HUD regulations, denied a remaining family member (RFM) grievance by a surviving family member who sought succession to deceased tenant's...

Nonprimary Residence Claim Dismissed Despite Some Proof of Second Apartment

June 22, 2021    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled against landlord, who appealed and lost. Tenant and her seven witnesses demonstrated that she maintained an ongoing...

Explanatory Addendum to 2018 Deregulation Order Was Valid

June 22, 2021    

Landlord applied for high-rent/high-income deregulation of tenants' rent-stabilized apartment in 2010. The DRA didn't issue a deregulation order for landlord until February 2018, based on the DRA's...

Landlord's Mandamus Petition Against HPD to Force Action on Loft Legalization Process Dismissed

June 21, 2021    

Landlord owned a five-building complex of interim multiple dwellings (IMDs) located in a single zoning lot in the Special Clinton District. All of the buildings were subject to the NYC Loft Law. Landlord sought to...

Rochester Approves Redevelopment of Housing Complex for Seniors

June 21, 2021    
Landlord sought to redevelop a 60-unit affordable housing community for seniors. The 1957 deed from the City of Rochester to prior landlord contained several restrictive covenants, including a provision that any...

Building Converted from Five to Six Apartments Became Rent Stabilized

June 21, 2021    

Landlord brought five separate eviction proceedings against five tenants in the same building. Landlord claimed that the tenants were unregulated because the building contained fewer than six residential units. The...