NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Landlord Wasn't Negligent in Maintaining Stairway

January 26, 2021    

Tenant sued landlord after she slipped and fell on what she claimed was a defective interior stairway located in her apartment. Tenant claimed that the risers and treads of the stairs weren't built in accordance...

Lease Didn't Provide for Attorney's Fees

January 26, 2021    

Tenant sued landlord for: (a) a declaratory judgment voiding a settlement in a prior rent overcharge action against prior landlord and determining tenant's lawful rent;; and (b) damages for his claimed overcharge...

Tenant Can't Prove Landlord Created Noise in Her Apartment

January 26, 2021    

Tenant sued landlord for breach of her lease and/or the warranty of habitability. She claimed that landlord abused her by a "noise apparatus" that she claimed was used for more than five years as a "...

Smoking by Rent-Stabilized Tenants Didn't Create a Nuisance

January 26, 2021    

Landlord sued to evict rent-stabilized tenants for creating a nuisance by smoking cigarettes inside their apartment. Tenants asked the court to dismiss the case without a trial. The court ruled for tenants. Landlord...

Tenant Repeatedly Let Banned Drug-Dealing Brother into Apartment

January 26, 2021    

Tenant of NYCHA-operated building signed an agreement with landlord in 2014 after her brother was arrested at the apartment for unlawful possession, sale, or attempted sale of heroin. The agreement put tenant on...