NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Was Lack of Nonskid Strips on Staircase Cause of Tenant's Fall?

January 26, 2021    

Tenant sued landlord for negligence after slipping on a building staircase between the first floor and the basement. Tenant claimed that her fall was caused by the stair itself, which was made of smooth granite and...

Tenant's Roommate Ordered to Wear Mask in Building

January 26, 2021    

Landlord sued tenant Tobi and his roommate Lilley in State Supreme Court, claiming nuisance and refusal to grant access for repairs. Landlord sought a preliminary order: (a) directing tenant Tobi to grant access to...

Occupant's Housing Discrimination Claim Against NYU Is Dismissed

January 26, 2021    

Apartment occupant complained to the NY State Division of Human Rights (DHR) of discrimination by landlord NYU after landlord refused to offer him a vacancy lease. The DHR ruled against occupant, finding no...

Tenant Gets Judgment from Subtenant for Back Rent While Moratorium Stays Eviction

January 26, 2021    

Shareholder-tenant of a co-op apartment sued to evict his subtenant. That case was consolidated in State Supreme Court with a separate action concerning subtenant's right under the sublease to purchase tenant...