NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Apartment Was Lawfully Deregulated Before Rent Act of 2015 and HSTPA

June 20, 2021    

Landlord sued to evict tenant, claiming that tenant's apartment was exempt from rent stabilization due to high-rent vacancy. Tenant claimed that he was rent stabilized. The court ruled against tenant, who...

Landlord Can't Intervene in Article 81 Guardianship Proceeding for Tenant

June 20, 2021    

Landlord sued to evict tenant for nonpayment of rent in 2018. When the parties first appeared, it was shown that tenant was diagnosed as bipolar. Adult Protective Services then intervened, and the court appointed a...

Tenant Claims Children's Bedbug Bites Breached Warranty of Habitability

June 20, 2021    

Tenant sued landlord on behalf of her children, claiming that they were bitten by bedbugs in their apartment. Among other things, tenant claimed constructive eviction, intentional infliction of emotional distress,...

Landlord Didn't Have Control Over Resident Who Allegedly Harassed Tenant

June 20, 2021    

Tenants sued landlord, claiming breach of the warranty of habitability and violations of federal and state housing discrimination laws. The court granted landlord's request to dismiss the case without trial....

DHCR Incorrectly Applied Bridge-the-Gap Formula to Calculate Overcharge

June 20, 2021    

Landlord filed an Article 78 court appeal of a 2018 DHCR decision that tenant's apartment was rent stabilized. The DHCR also calculated a rent overcharge by using its "bridge-the-gap" formula. Landlord...

Landlord Can't Prove Tenant Created Nuisance by Feeding Pigeons

June 18, 2021    

Landlord sued to evict loft tenant in 2018, claiming that tenant created a nuisance. Landlord claimed that, through gross negligence, tenant substantially damaged the building and interfered with the comfort and...

Explanatory Addenda to 2018 Deregulation Order Continued Rent Stabilization Coverage

June 18, 2021    

Landlord applied for high-rent/high-income deregulation of tenants' rent-stabilized apartment in 2018. The DRA issued a deregulation order for landlord in December 2018 based on tenants' admission that their...

Court Lets Tenant Intervene in Landlord's Article 78 Proceeding Against DHCR

June 18, 2021    

Landlord filed an Article 78 petition against the DHCR, seeking judicial review of the DHCR's ruling that a tenant was overcharged. The tenant asked permission to intervene in the Article 78 proceeding. Although...

Landlord's Notices Claiming Tenant Nuisance Were Defective

June 18, 2021    

Landlord sued to evict tenant in January 2021, claiming that tenant created a nuisance and that tenant's conduct corresponded to an exception to any stay of eviction under the COVID-19 Emergency Eviction and...

Landlord Sanctioned for Filing Repeated Requests to Discharge 7-A Administrator

May 25, 2021    

The Civil Court appointed a 7-A administrator to manage landlord's building in 2011 based on landlord's failure to responsibly maintain the building. Landlord later asked the court to discharge the 7-A...

HPD Can't Seek Civil Penalties from Landlord in Tenant's HP Proceeding

May 25, 2021    

Tenant sued landlord in housing court in an HP proceeding, seeking correction of specified conditions that violated the Housing Maintenance Code (HMC). HPD later asked the court to hold landlord in contempt and...

Trial Court Dismisses Tenant's Harassment Claim Against Landlord

May 25, 2021    

Tenant sued landlord in an HP proceeding, claiming harassment and a number of apartment conditions, including periodic heat and hot water cut-offs. The court dismissed the case after trial. Tenant said that the day...