NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Did Landlord Respond Sufficiently to Bedbug Condition?

July 21, 2020    

Tenant sued landlord due to bedbug infestation in his apartment. He claimed that the problem began in 2015, although he didn't bring his lawsuit until 2018, after new landlord bought the building in 2017. Tenant...

Tenant Can't Raise Claim, Already Decided, After HSTPA Enacted

July 21, 2020    

Tenant sued landlord for rent overcharge on July 25, 2019. Landlord argued that a court had dismissed tenant's prior rent overcharge claim in September 2018 and that tenant hadn't appealed that decision....

Default by Tenant's Son Excused Based on Succession Claim

July 21, 2020    

Landlord sued to evict apartment occupants in 2018 after tenant died. The court ruled for landlord based on the failure by two occupant/licensees to appear in court, after an initial appearance. Occupants appealed,...

Emergency Homeless Housing Occupant Wasn't Illegally Evicted

July 21, 2020    

Occupant sued building landlord and Bronx Parent Housing Network, Inc. (BPHN), which net-leased the building from landlord to provide temporary emergency housing to vulnerable formerly homeless individuals. Occupant...

Was Landlord Responsible for Tenant's Injury from Falling Light Fixture?

July 21, 2020    

Tenant sued landlord and landlord's plumbing contractor, claiming that he was injured when a ceiling light fixture in his bathroom fell onto him due to negligent installation of the toilet in the apartment above...

Tenant's Overcharge Claim Denied with Four-Year Lookback Applied

July 21, 2020    

Landlord sued to evict loft tenant. The court ruled against landlord and awarded tenant attorney's fees, but also denied tenant's rent overcharge claim. Both sides appealed. The Appellate Term ruled that...

DHCR Must Reconsider Landlord's MBR Increase Applications

July 21, 2020    

Landlord of building complex applied for maximum base rent (MBR) increases for 10 rent-controlled apartments. The DHCR ruled against landlord, finding that landlord failed to pay MBR fees. Landlord then filed an...

Pre-Trial Questioning Needed Concerning Succession Claim

July 13, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant's son claimed succession rights, even if tenant had moved out. The court granted the son's request to dismiss the case without a...

Tenant Can Amend Complaint a Second Time Based on Regina

July 13, 2020    

Rent-stabilized tenant sued landlord for rent overcharge based on improper deregulation of his apartment while the building was receiving J-51 tax benefits. While tenant's complaint was pending, the rent...

Four-Year Lookback Didn't Bar Tenant's Reliance on 1986 Rent Reduction Order

July 13, 2020    

Rent-stabilized tenant sued landlord for rent overcharge, based on a DHCR rent reduction order issued effective May 1, 1986. Landlord asked the court to dismiss the case. The court ruled for landlord and denied...

Landlord Didn't Prove Apartment Was Used for Illegal Drug Trade

June 26, 2020    

Landlord sued to evict rent-stabilized tenant for drug-related criminal activity in tenant's apartment, following the arrest of an occupant at the apartment. Landlord said that the HUD Voucher Program,...

Are Homeless Occupants in Scatter Site Program Rent-Stabilized Tenants?

June 26, 2020    

Occupants, who were low-income, homeless families in danger of eviction, sued landlords, seeking a declaration that they were rent-stabilized tenants as well as leases in their own names. They claimed that landlords...