NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Overcharge Resulted from Failure to Apply DHCR Rent Reduction Order

May 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed over $4,900. In response, tenant claimed that at least some rent had been paid, that there was a breach of the warranty...

HSTPA Can't Be Applied Retroactively to Tenant's Overcharge Counterclaim

May 20, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pretrial questioning. Tenant, relying on the Housing Stability and...

Landlord Didn't Notify Tenant Where Security Deposit Was Held

May 20, 2020    

Landlord sued former tenant for unpaid rent. Tenant, in turn, counterclaimed for return of his $12,750 security deposit. The court ruled against tenant, who appealed and won. Landlord had failed to give tenant notice...

DHCR Ruling That Landlord Didn't Provide Required Service Was Rational

May 20, 2020    

Rent-stabilized tenants complained to the DHCR of a reduction in building-wide services. Tenants claimed that the building's elevator had been removed from service and wasn't operable because the elevator...

Former Tenant Gets No Reimbursement for Food Costs During Gas Outage

May 20, 2020    

Tenant sued former landlord in small claims court, seeking the return of her $2,000 security deposit, along with reimbursement of another $3,000 for costs she incurred for takeout food during five months that there...

Landlord's New Rent Demand Wasn't Barred by Settlement of Prior Case

May 20, 2020    

(Decision submitted by Linda S. Burton of the Lynbrook law firm of Burton & Burton, P.C., who represented the landlord.)

Landlord, a Mitchell-Lama cooperative, sued to evict tenant for nonpayment...

TPU Can Sue Landlord for Claimed Violations of Rent Stabilization Law

May 19, 2020    

The DHCR's Tenant Protection Unit (TPU) sued landlord LLC entities of 38 buildings containing more than 2,500 rent-stabilized apartments, along with individuals who were connected with the landlord entities. The...

Son of Rent-Stabilized Tenant Was 61 When Tenant Vacated

May 18, 2020    

Landlord sued to evict rent-stabilized tenant's son after tenant moved out of the apartment. The son claimed succession rights, but the court ruled against him. The son appealed and lost. The trial court fairly...

Non-Profit Housing Used for Homeless Occupant No Longer Exempt

May 18, 2020    

Landlord sued to evict tenant for violation a substantial obligation of her tenancy through illegal subletting. Landlord claimed that the apartment was supportive housing that wasn't subject to rent stabilization...

Rent-Controlled Tenant's Son Can't Get Apartment

May 18, 2020    

Landlord sued to evict rent-controlled tenant's son, when tenant and his wife moved into a nearby Mitchell-Lama apartment. The son claimed succession rights. He said he grew up in the unit, then moved out, but...

Landlord Not Responsible for Tenant's Threat Against Social Worker

May 18, 2020    

A social worker was menaced with a knife by a tenant while working at a facility owned and operated by NYC nonprofit entities. The facility provided housing and services to individuals suffering from mental illness...

Several Fire Incidents Within 24 Hours Doesn't Prove Tenant Nuisance

April 28, 2020    

Landlord sued to evict a Mitchell-Lama co-op shareholder tenant based on illegal sublet, failure to report household composition and income, overcrowding, and nuisance.