NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenants Can Pursue Class Action Against Landlord for Improper Deregulation, Overcharge

July 26, 2024    

Apartment building tenants sued landlord in 2018 for a declaration that they were rent stabilized and for refund of rent overcharges. The tenants asked the court to certify building tenants as a class based on their...

No Contempt of Court Where Court Order Didn't List Any Violations or Deadlines

July 26, 2024    

Landlord sued to evict tenant for nonpayment of rent. In March 2023, the parties signed a settlement agreement in court by which tenant agreed to pay back rent after landlord made certain repairs. In July 2023,...

Insufficient Grounds for Tenant's Fraudulent Deregulation Claim

July 26, 2024    

Tenant sued landlord, claiming that landlord had fraudulently raised his apartment rent in January 2001 to remove the unit from rent stabilization through vacancy deregulation. Tenant also claimed that there was a...

Court Upholds City's Order That Landlord Repair Building Rather Than Demolish It

July 26, 2024    

The City of New York sued landlord in 2020, seeking abatement of a public nuisance by making building repairs. The court ruled for the city and directed landlord to make permanent repairs. Landlord asked the court to...

Letter of Intent Signed Between Landlord and Tenant Was in Effect a Renewal Lease

July 26, 2024    

Landlord sued to evict a month-to-month tenant. Tenant asked the court to dismiss the case. He claimed that he had a renewal lease agreement and wasn't a month-to-month tenant.  Tenant submitted a fully...

Landlord Can't Seek Full Rent After Tenant's Section 8 Subsidy Is Terminated

July 26, 2024    

Landlord sued to evict tenant for nonpayment of rent for periods between October 2019 and January 2024. Landlord claimed that tenant owed $124,746. Tenant claimed that landlord was asking for back rent at an...

Landlord Not Responsible for Child's Injuries Caused by Tenants' Dog

July 26, 2024    

The family of a plaintiff child, who had visited tenants at a one-family house tenants rented, sued tenants and landlord after the child was injured by tenants' dog. The plaintiff claimed that landlord was...

New York's Highest Court Upholds NYC Approval of Affordable Housing Development at Community Garden Site

July 25, 2024    

Petitioner began leasing a lot owned by the City of New York on a month-to-month basis in 1991. Starting in 2005, petitioner used the lot as a green space/sculpture garden. After the city identified the lot as a...

NYCHA Can Terminate Tenancy of Tenant Who Threatened Landlord's Employees

July 25, 2024    

NYCHA tenant filed an Article 78 court appeal of NYCHA's decision, made after a hearing, that tenant was ineligible to continue her occupancy of an apartment in a public housing development based on...

Court Grants Tenant Discovery Where Tenant Claims Landlord Engaged in Fraudulent Scheme

July 25, 2024    

Landlord sued to evict tenants and claimed that the apartment had been high-rent vacancy deregulated. Tenants claimed that they were rent stabilized and asked the court for permission to conduct pre-trial ...

DHCR Decision That Apartment Had Been Deregulated Upheld by Appeals Court

July 25, 2024    

Tenant complained to the DHCR of improper deregulation of his apartment and rent overcharge. The DHCR ruled against tenant, finding that the apartment had been vacancy deregulated more than six years before the base...

1996 Rent Reduction Order Resulted in Overcharge for Claim Filed in 2016

July 25, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2016. The DHCR ruled for tenant. A DHCR rent reduction order had been in effect since 1996. So, the rent freeze resulting from that order remained...