NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Shareholder Tenant's Unit Subject to Loft Law

February 22, 2021    

In 2016, the NYC Loft Board ruled that landlord's building was an interim multiple dwelling (IMD) subject to the Loft Law. Landlord filed an Article 78 court proceeding, seeking annulment of the Loft Board's...

Did Court Settlement Resolve Rent Stabilization Coverage Issue?

February 22, 2021    

Tenant sued landlord, claiming rent overcharge and improper deregulation of a rent-stabilized apartment. Landlord asked the court to dismiss the case without trial, arguing that landlord and tenant had settled the...

Did Improperly Installed Window Guard Cause Child's Fall?

February 22, 2021    

Tenant sued landlord after her child fell from the seventh-floor double-hung bedroom window in tenant's apartment. Tenant claimed that landlord and its employees caused or created an unsafe condition by...

Tenants Never Received Security Deposit Refund

February 16, 2021    

Former tenants sued landlord for refund of their $18,600 security deposit. They lived in the apartment between 2014 and July 15, 2020, and claimed they left the unit in broom-clean condition. Landlord waited until...

Rent-Freeze Provisions Not Applied to Overcharge Claims

February 11, 2021    

Nine current and former tenants of one building sued landlord for rent overcharge. Tenants requested an order granting declaratory relief, freezing each tenant's rent at the "last reliable rent" and...

Eviction Warrant Improperly Issued

February 11, 2021    

Landlord sued to evict month-to-month tenants in a holdover proceeding filed in State Supreme Court. Landlord had rented the apartment on condition that tenants would vacate within 30 days of notice that landlord had...

Rent-Controlled Tenant's Granddaughter Claims Succession Rights

February 11, 2021    

Landlord sent the granddaughter of deceased rent-controlled tenant a notice to quit tenant's apartment, claiming that she had moved in after tenant died. The granddaughter then sued landlord, seeking a permanent...

Shareholder Tenant Can Evict Apartment Occupant

February 10, 2021    

A cooperative shareholder tenant sued to evict occupant from her apartment, claiming that she had terminated his license to live there. The housing court denied tenant's request to grant eviction without a trial...

Landlord and Security Company Not Responsible for Attack on Visitor

February 9, 2021    

A visitor to landlord's building sued landlord and its security service provider, claiming that she was assaulted while visiting tenant in his apartment. Tenant was the visitor's nephew and the visitor...

DHCR Reasonably Found Indicia of Fraud

February 8, 2021    

Tenant complained of rent overcharge. The DRA ruled for tenant, and the DHCR denied landlord's PAR. Landlord was directed to refund the overcharge with triple damages.  Landlord then filed an Article 78...

On-Time Rent Provision in Lease Resulted in Willful Rent Overcharge

February 8, 2021    

Rent-stabilized tenant complained of rent overcharge in 2016. The DHCR ruled for tenant based on the inclusion of an "on-time" provision in tenant's lease. Landlord registered the legal regulated rent...

Court Upholds DHCR Explanatory Addenda to Deregulation Order

February 8, 2021    

In June 2018, landlord filed an application for high-rent/high-income deregulation of rent-stabilized tenants' apartment. The DRA ruled for landlord and issued an Order of Deregulation in January 2019 based on...