NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Didn't Challenge Deregulated Rent in Time

May 25, 2021    

Landlord sued to evict unregulated tenant in January 2019 after tenant's lease expired. Tenant claimed that she was rent stabilized and that the apartment was improperly deregulated when she moved in. The court...

Landlord Properly Mitigated Damages After Tenant Broke Lease

May 25, 2021    

Landlord sued former tenant for rent owed after tenant broke her lease and moved out. Landlord had rented the apartment to tenant in December 2019 at a monthly rent of $12,500. The lease gave tenant a rent concession...

Court Stays Eviction Based on Tenant's Hardship Declaration

May 24, 2021    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay $18,358 in back rent, and landlord agreed to make repairs. When tenant failed to...

Landlord's Predicate Notices Were Defective

May 24, 2021    

Landlord sued to evict tenant for nuisance and for violating his lease by illegally subletting his apartment for short-term rentals at excessive rates and without landlord's knowledge or consent. Landlord also...

Landlord Not Responsible for Tenant-on-Tenant Harassment

May 24, 2021    

An African-American tenant sued landlord of Suffolk County apartment complex in federal court in 2014 after a three-year "campaign of racial harassment, abuse, and threats" by tenant's white neighbor....

Landlords' Appeal of 2014 Rent Stabilization Code Amendments Denied

May 24, 2021    

Landlords and real estate organizations sued the DHCR in 2014 to challenge the agency's adoption of 2014 amendments to the Rent Stabilization Code (2014 Amendments) as unconstitutional. Among other things,...

Termination Notice Didn't Set Forth Sufficient Facts

May 7, 2021    

Landlord sued to evict rent-stabilized tenant for creating a nuisance and illegally subletting his apartment through short-term rentals. Landlord had received a DOB violation notice based on tenant's short-term...

Landlord Claims Economic Infeasibility in Tenant Case Seeking Correction of Violations

May 6, 2021    

Displaced tenants sued landlord, seeking correction of conditions at their building. DOB had issued a vacate order in November 2020 due to a fire. Landlord raised a number of defenses, and tenants asked the court to...

Housing Court Can't Order Landlord to Replace Tub with Shower for Elderly Tenant

May 6, 2021    

An 87-year-old rent-controlled tenant sued landlord in housing court, seeking an order to correct violations and to make landlord provide a reasonable accommodation in her apartment bathroom. Tenant said that she...

Landlord Can't Show Tenant's Conduct Triggered CEEFPA Stay Exception

May 5, 2021    

Landlord sued to evict tenant for creating a nuisance. Tenant asked the court to delay any processing of the case. Tenant argued that the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) stayed the...

Appeals Court Upholds DHCR Ruling That Building Was Exempt From Rent Stabilization

May 5, 2021    

In 2012, the DHCR's Rent Administrator determined that landlord's building was exempt from rent stabilization due to substantial rehabilitation that took place in the late 1980s. Tenants appealed, claiming...

Landlord's Removal of Partition Reduced Required Services in Tenant's Apartment

May 5, 2021    

Rent-stabilized tenant complained of a reduction in services. Tenant claimed that landlord removed a wall partition in tenant's apartment. This resulted in tenant's loss of a bedroom and decreased the number...