NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Rye City Court Had No Jurisdiction Over Out-Of-State Landlord

April 23, 2021    

Former tenant sued landlord in small claims court in Rye, N.Y., for return of his security deposit. The court dismissed the case, finding that it had no jurisdiction over landlord or tenant. Landlord lived in Georgia...

Landlord in Contempt of Court for Not Correcting Apartment Violations

April 23, 2021    

Tenant sued landlord in housing court, seeking correction of violations in tenant's apartment. At some point after landlord failed to comply with the court's order to correct violations, tenant asked the...

Failure to Register Current Rent Results in Dismissal of Nonpayment Case

April 23, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord's rent demand and petition were defective because the claimed rent exceeded the contract rent. Tenant also...

Court Revokes DHCR Approval of Landlord's Application to Modify Courtyard

April 23, 2021    

In 1991, prior landlord of an apartment complex completely paved over most of a large courtyard area--which had contained grass, trees, benches, an ornamental fountain, play area, and other amenities--for parking...

Tenants' Harassment and Assault Claims Against Landlord Dismissed

April 23, 2021    

Two rent-stabilized tenants of one apartment sued landlord for harassment, assault, nuisance, breach of the warranty of habitability, and breach of their lease. They claimed that landlord engaged in "an...

Landlord Gets Attorney's Fees for Counterclaims Based on Apartment Damage

April 23, 2021    

Former tenant sued landlord for return of apartment security deposit and claimed that landlord improperly commingled the security deposit in violation of General Obligations Law (GOL) Section 7-103. Landlord, in turn...

Landlord Didn't Comply with 1994 Rent Reduction Order

April 21, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a willful rent overcharge. The DHCR denied landlord's PAR. Landlord then filed an Article 78 court proceeding, claiming...

Landlord's Appeal of DHCR's Order Was Premature

March 29, 2021    

Unregulated tenant complained of rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, who appealed and won. The DHCR ruled in its PAR decision that the apartment was rent...

Does Son Have Pass-On Rights to Rent-Stabilized Apartment?

March 29, 2021    

Landlord sued to evict rent-stabilized tenants, a married couple, for nonprimary residence when their renewal lease expired in 2015. The wife had died in 2014, and the husband moved out at some unknown date during...

Eviction Warrant Vacated Under CEEFPA Despite Default Judgment Based on Nuisance

March 29, 2021    

Landlord sued to evict rent-stabilized tenant and her adult son for creating a nuisance in her apartment. In November 2019, tenant and landlord signed a court-ordered settlement agreement. In September 2019, the...

NYCHA Can't Evict Tenant Who Struck Its Employee

March 29, 2021    

Landlord NYCHA terminated tenancy because tenant assaulted and injured a NYCHA employee at the building. Tenant filed an Article 78 court appeal, claiming that NYCHA's decision was arbitrary and unreasonable. The...

Evicted Tenant Presents No Cause for Restoration to Possession

March 29, 2021    

Landlord sued to evict unregulated month-to-month tenant in January 2019. Landlord and tenant signed a court-ordered settlement agreement giving landlord a judgment of possession and delaying execution on an eviction...