NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenants Claim Landlord Breached Leases by Restricting Swimming Pool Amenity

August 27, 2024    

In a proposed class action, current and former building tenants sued landlord for curtailing a swimming pool amenity at the building by restricting two of the three lanes at the pool to swim classes for nontenants...

Some of Tenant's Rent Arrears Severed from Judgment of Possession under TSHA Program

August 27, 2024    

Landlord sued to evict tenant for nonpayment of rent totaling over $40,000. Tenant and landlord, each represented by attorneys, settled the case. Tenant agreed he owed $49,649, to be paid by Oct. 31, 2023. After that...

Tenant Gets 100% Rent Abatement for Period Apartment Was Uninhabitable After Fire

August 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she was entitled to a six-month rent abatement after a fire left her apartment uninhabitable for a period of time. Landlord argued that tenant...

Hudson Valley Owners Group Can Appeal Kingston's ETPA Adoption to NY's Highest Court

August 27, 2024    

A group of owners of buildings that became subject to rent stabilization under the City of Kingston’s August 2022 adoption of the ETPA filed a challenge to the city’s actions, arguing that the vacancy...

Remaining Family Member in LIHTC Building Gets Rent-Stabilized Apartment

July 29, 2024    

Landlord sued to evict the occupant of an apartment located in a building where some portion of apartments were set aside for low-income tenants after rent-stabilized tenant died. The occupant claimed succession...

Landlord Gets Judgment for $350,000 in Back Rent in Ejectment Action

July 26, 2024    

Landlord sued to eject tenant for breach of contract and to recover money owed for nonpayment of rent and use and occupancy. The court ruled for landlord and issued a money judgment for rent and use and occupancy...

Prior Tenant's Waiver of Right to File Fair Market Rent Appeal Was Void

July 26, 2024    

Tenant sued landlord, seeking a declaration that her tenancy was subject to rent stabilization and that her apartment was illegally deregulated in 2000 when landlord and a prior apartment occupant reached a "...

Tenant's Colorable Claim of Rent Fraud Warrants Pre-Trial Discovery

July 26, 2024    

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed rent overcharge. In May 2023 tenant asked for permission to amend her answer to plead a common law fraudulent scheme to deregulate the...

No Indicia of Rent Fraud Bars Reviewing Rent History Back to 1993

July 26, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in 2022. Tenant had lived in the unit since 1997. Among other things, he claimed fraudulent rent overcharge, and asked the court for permission to...

Is Landlord Responsible for Injuries to Tenant's Employee?

July 26, 2024    

The employee of a tenant-restaurant in landlord's building sued landlord after being injured when he fell through a broken or defective trap door into the building basement. Landlord asked the court to dismiss...

2001 DOB Violation Report Proves Building Contained Six or More Dwelling Units

July 26, 2024    

Landlord sued to evict month-to-month tenant in 2020 and stated that tenant wasn't rent stabilized because the building contained fewer than six apartments. In response, tenant claimed that the building was rent...

Tenants Can Pursue Class Action Based on Claim That Landlord Improperly Used Rent Concessions

July 26, 2024    

Tenant sued landlord, claiming that she was charged more than the maximum legal rent under rent stabilization while the building received RPTL Section 421-a tax benefits. Tenant claimed that landlord engaged in a...