NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord's Acceptance of Rent Checks Formed No Waiver

March 23, 2020    

Landlord sued to evict tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord had accepted checks from the Dept. of Social Services (DSS) issued to cover tenant's rent. The...

Landlord Can't Challenge Placement on HPD Pilot Program List

March 23, 2020    

After Local Law 1 of 2018 required HPD to identify buildings that shared characteristics of "building distress," which indicated a likelihood of suspected harassment of existing lawful occupants within...

Occupant Can't Prove Succession Rights

March 23, 2020    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was a nontraditional family member who had succession rights. The trial court ruled for landlord, finding that...

Rent-Stabilized Tenant's Daughter Forged Tenant's Name on Renewal Leases

March 12, 2020    

Landlord sued to evict rent-stabilized tenant and his daughter. Landlord claimed that tenant left the apartment in 2004 and began living elsewhere, without notifying landlord of the change in circumstances. After...

No Notice to Cure Needed Before Terminating for Profiteering

March 12, 2020    

Landlord sued to evict rent-stabilized tenant for illegal subletting and profiteering. Landlord claimed that tenant sublet his apartment for about 10 years and charged the subtenant more than the rent permitted under...

Landlord Must Send Long-Term Month-to-Month Tenant 90-Day Termination Notice

March 12, 2020    

Landlord sued to evict tenant and claimed that the apartment was unregulated because it was located in a private home with fewer than six dwelling units and no lease in effect. Landlord started the housing court case...

Rent-Stabilized Tenant's Daughter Concealed Tenant's Vacatur

March 10, 2020    

(Decision submitted by Leonard Kaplain of the Garden City law firm of Kaplain & Duval, LLP, attorneys for the landlord.)

Trial Court Improperly Dismissed Tenant's Slip-and-Fall Lawsuit

March 10, 2020    

Tenant sued landlord for negligence after he slipped and fell on the floor of an apartment building lobby. The trial court ruled against tenant and dismissed the case. Tenant appealed, and the case was reopened....

Mitchell-Lama Tenant's Granddaughter Can't Get Apartment

March 10, 2020    

The granddaughter of a deceased Mitchell-Lama co-op tenant in an apartment regulated by HPD claimed succession rights after tenant died. HPD held a hearing and ruled against the granddaughter, who filed an Article 78...

Overcharge Claim Dismissed Based on Prior Court Settlement

March 10, 2020    

(Decision submitted by Brian Shaw of the Manhattan law firm of Golino Law Group PLLC, attorneys for the landlord.)

Tenant's Challenge to MBR Increase Denied by Court

March 10, 2020    

Rent-controlled tenant objected to the maximum base rent (MBR) adjustment obtained by landlord. The DHCR ruled against tenant and upheld the DRA's increase of the tenant's MBR for the 2016-2017 biennial...

Health Aide Who Manipulated Rent-Stabilized Tenant Can't Get Apartment

February 25, 2020    

Landlord sued to evict the estate of deceased rent-stabilized tenant and remaining apartment occupant. Landlord claimed that tenant illegally sublet the apartment to occupant. Occupant claimed that he had succession...