NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenants' Three-Unit Buildings Weren't Part of HMD

June 24, 2020    

In two separate proceedings, the DHCR ruled that Building A and Building C weren't subject to rent stabilization. Each building contained three apartments, but tenants in each building claimed that, together with...

Court Upholds DHCR's Deregulation of Tenant's Apartment

June 24, 2020    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DHCR ruled for landlord, finding that tenant's apartment was to be deregulated at the end of her current...

Daughter Didn't Prove Succession Rights to Rent-Stabilized Apartment

June 24, 2020    

Landlord sued to evict rent-stabilized tenant's daughter after tenant moved out. The daughter claimed succession rights to the apartment. The trial court ruled for landlord. The daughter appealed and lost. The...

Prospect Seeks Return of $500 Broker Fee for Unrented Apartment

June 24, 2020    

Prospective tenant sued landlord's real estate broker in small claims court, seeking return of $500 that she paid to the broker in connection with her potential rental of an apartment. Tenant claimed that she...

Tenant's Granddaughter Proves Succession Rights to Apartment

June 24, 2020    

Landlord sued to evict rent-stabilized tenant's granddaughter after tenant died. The trial court ruled against landlord, finding that the granddaughter proved succession rights.

Was Landlord Responsible for Tenant's Slip and Fall on Ice?

May 24, 2020    

Ulster County tenant sued landlord for negligence after she slipped and fell on a patch of ice on the single exterior step between the sidewalk and a small porch in front of her apartment door. Following pre-trial...

Eviction Warrant Vacated After Guardian Appointed for Tenant

May 24, 2020    

Landlord sued to evict tenant for nonpayment of rent. The housing court appointed a guardian ad litem (GAL) for tenant. The parties signed a court-ordered settlement agreement in 2017, which included a money judgment...

Was Landlord Responsible for Tenant's Trip and Fall Over Door Saddle?

May 24, 2020    

Tenant sued landlord for negligence, after she tripped and fell on a door saddle at the bathroom entrance in her apartment. Landlord owned the building and was a social services organization that rented units to...

Shareholder's Daughter Gets Former Mitchell-Lama Apartment

May 24, 2020    

Landlord cooperative corporation, a former Mitchell-Lama co-op, that went free market in 2015, filed an Article 78 appeal of the DHCR's decision that former shareholder tenant's daughter had succession rights...

Court Finds No Proof Apartment Was Uninhabitable

May 24, 2020    

Tenant sued landlord, claiming breach of the warranty of habitability and that his unregulated apartment was uninhabitable due to mold, vermin, dust, and broken appliances. Landlord denied tenant's claims and...

No Illegal Lockout of Person Allowed to Live in Commercial Space

May 23, 2020    

Tenant sued someone he claimed was his landlord for illegal lockout. Since the court action took place during the COVID-19 public health emergency, the court denied tenant's request for a jury trial and instead...

Landlord Not Responsible for Visitor's Attack on Tenant

May 23, 2020    

Tenant sued a person who attacked her in her apartment building and sued her landlord for negligence. In April 2015, after a night on the town, tenant returned to her building, followed by another woman. The doorman...