NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant's Preferential Rent Rider Didn't Apply to Renewal Lease

August 17, 2020    

Rent-stabilized tenant, who moved into her apartment in 2010, complained to the DHCR of rent overcharge. She also claimed that landlord offered no renewal lease in 2017 and also failed at that point to continue...

Landlords Can't Challenge NY State Eviction Moratorium in Federal Court

July 27, 2020    

A group of Westchester County landlords sued Governor Cuomo, seeking in federal court to block Cuomo's temporary eviction moratorium issued in response to the COVID-19 pandemic. Specifically, they objected to the...

Did Rooftop Drilling Breach the Warranty of Habitability?

July 27, 2020    

Tenant moved into an apartment in January 2019 at a monthly rent of $4,560. The apartment was on the sixth floor, two floors below the building's roof. When a real estate broker showed tenant the apartment, there...

Was Lead Paint in Apartment the Cause of Child's Injuries?

July 27, 2020    

Tenant sued landlord, claiming that her child suffered lead paint poisoning due to lead paint in her apartment. Tenant asked the court to decide the case in her favor without a trial. The court ruled against tenant,...

Landlord Who Had Children with Tenant Must Refund HAP Benefits

July 24, 2020    

Landlord owned a two-family house and lived on the first floor. In 2001, landlord signed a housing assistance payment (HAP) contract with NYCHA based on the tenancy of a woman who lived with her two children on the...

Proof of Damage Doesn't Warrant Withholding Full Security Deposit

July 24, 2020    

Former tenant sued Orange County landlord in small claims court to recover his $3,200 security deposit. The trial court awarded tenant $2,165 and awarded landlord $1,035 on his counterclaim for damages to the house....

74 Tenants Can Sue Separate Landlords in One Action Seeking Class Certification

July 24, 2020    

Seventy-four tenants sued a number of landlords of different buildings for rent overcharge in one lawsuit that they sought to designate as a class action. Tenants claimed that there was a systematic effort...

New Trial Needed in Security Deposit Case

July 21, 2020    

Former tenant sued landlord in Nassau County small claims court for a refund of his security deposit. The court ruled for tenant and awarded him $1,800. Landlord appealed, and the case was reopened for a new trial....

Tenant's Illegal Lockout Claim Dismissed

July 21, 2020    

Tenant sued landlord in 2015, claiming illegal lockout and breach of the warranty of habitability. Tenant also sought $1 million in damages. Although tenant filed the case in State Supreme Court, the court...

Tenant Can Withdraw DHCR Complaint and Sue Landlord in Court

July 21, 2020    

Tenant sued landlord claiming improper, fraudulent apartment deregulation and rent overcharge. Tenant claimed that he was rent stabilized. Tenant had filed a complaint with the DHCR in March 2018 but later withdrew...

Nonprofit Tenant Claims It's Entitled to Rent-Stabilized Renewal Lease

July 21, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant in turn asked the court to dismiss the case and to order landlord to issue a renewal lease. Landlord claimed that Harlem United was a...

Landlord Must Send Tenant a Notice to Cure in Nuisance Case

July 21, 2020    

Landlord sued to evict rent-stabilized tenant for committing or permitting a nuisance in his apartment by pouring or allowing a noxious liquid believed to be chlorine to leak on the floor, down radiator pipes, and...