NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Deceased Super's Domestic Partner Gets Stay of Eviction Under CEEFPA

July 26, 2021    

Landlord sued to evict its building's former superintendent after terminating the super's employment. The parties settled the case in court in December 2019, giving landlord a final judgment of possession...

Tenant's Alleged Domestic Partner Can't Get NYCHA Apartment

July 26, 2021    

After a NYCHA tenant died, an apartment occupant sought succession rights. NYCHA held a hearing in 2019 and denied the occupant's remaining family member grievance. The occupant then filed an Article 78 court...

Court Affirms Amended RSL Applies to Dismiss Owner Occupancy Cases Not Decided Before HSTPA

July 26, 2021    

In four consolidated proceedings, landlord sued in 2017 to evict rent-stabilized tenants in a six-unit building for personal use, in order to combine the apartments as a residence for his son. The court ruled for...

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...