NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Did Apartment Damage Justify Retaining Security Deposit?

January 25, 2021    

Former tenant sued landlord, seeking recovery of his security deposit. The small claims court ruled for tenant in part, awarding him a judgment of $2,605, representing the security deposit, but awarding landlord $500...

Tenants Created Nuisance Through Continued Loud Arguing

January 25, 2021    

Landlord sued to evict rent-controlled tenants for permitting a nuisance due to "loud and furious arguments featuring excessive profanity and abusive language" occurring on 16 specific occasions during five...

False Proof of Vacancy Leases Showed Improper Deregulation

January 25, 2021    

Landlord sued to evict unregulated tenant. Tenant claimed that he was rent stabilized, that the apartment had been improperly deregulated, and that he was overcharged. The court ruled for landlord after trial,...

Is Landlord's Remaining Family Member Rent Stabilized?

January 25, 2021    

Occupant lived all his life in the family apartment located in a six-unit building that his parents bought in 1951. He remained there after his parents and siblings moved out around 1980. After his father later died...

Landlord Submitted No Proof of Claimed IAIs

January 25, 2021    

Tenant sued landlord in 2011, claiming fraudulent improper deregulation of her apartment and rent overcharge. Landlord claimed that the unit had been properly vacancy deregulated. The trial court ruled for tenant,...

Is Landlord Responsible for Negligent Hiring of Employees Who Injured Resident?

January 25, 2021    

Family members of a resident of a facility for intellectually and developmentally disabled adults sued landlord after two of landlord's employees burned resident with a heated potato masher. They claimed that...

Landlord Proved Vacancy Deregulation of Apartment in 2010

January 25, 2021    

Tenant complained to the DHCR of improper apartment deregulation and rent overcharge. The DRA ruled against tenant after reviewing landlord's documentation of individual apartment improvements (IAIs) and...

Landlord Gave Tenant Vacancy Lease When Adding Tenant's Son

January 25, 2021    

Rent-stabilized tenant complained of rent overcharge and a lease violation. When she sought to add her son as a co-tenant to her lease, landlord agreed and gave them a vacancy lease. The DRA ruled for tenant, finding...

Landlord Must Restore Tenant's Son to Possession After Lockout

January 25, 2021    

Tenant's son sued landlord NYCHA for illegal lockout. NYCHA asked the court to dismiss the case, claiming that occupant didn't have legal standing to claim illegal lockout. The son claimed that he had lived...

DHCR "EA" Properly Explained Effect of HSTPA on Deregulation Order

January 25, 2021    

In 2018, landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. In February 2019, the DRA ruled for landlord based on tenants' admission that their total annual...

Landlord Can't Appeal Non-Final DHCR Order

January 25, 2021    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in 2018, applying a four-year base date to review of the apartment rent history. Tenant appealed, and claimed that HSTPA, which...

Apartment Was Lawfully Deregulated

January 25, 2021    

Tenant complained to the DHCR in 2015 of improper deregulation of his apartment and rent overcharge. The DHCR ruled against tenant, who appealed and lost. Tenant then filed an Article 78 court appeal of the DHCR'...