NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Federal Court Dismisses Landlord Case Seeking CEEFPA Injunction

May 25, 2021    

Five landlords sued the New York State Attorney General (AG) in federal court in February 2021, challenging the constitutionality of Part A of the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (...

Did Landlord Improperly Use Rent Concessions in 421-a Program?

May 25, 2021    

Rent-stabilized tenants in a 421-a building sued landlord claiming that landlord registered illusory initial rents for apartments in the building by utilizing rent concessions. Typically, a lease gave new tenant a...

Tenant Didn't Amend Complaint to Support Claim Sufficiently

May 25, 2021    

Rent-stabilized tenant sued landlord, claiming willful refusal to fix a damaged roof and repeated water leaks into her apartment and the adjoining corridor. Tenant claimed that these acts resulted in intentional...

Loft Tenants Can't Seek Enforcement of HMC in Housing Court

May 25, 2021    

Residents of an interim multiple dwelling (IMD) subject to the NYC Loft Law brought an HP proceeding against landlord in housing court seeking an order to correct certain building conditions, and an injunction...

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....