NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Appeals Court Sends Case Back to Lower Court to Redetermine Rent Under HSTPA

February 25, 2020    

Landlord sued to evict tenant, who was prior building super, for nonpayment of rent. The court ruled for tenant in 2015, finding that the apartment was rent stabilized and that the legal regulated rent was $1,500 per...

Amended Law Bars Owner Occupancy Recovery of Entire Building

February 25, 2020    

Landlord sued to evict all rent-stabilized tenants in his building. Landlord claimed that he needed the apartments for owner occupancy purposes. The court ruled against landlord and dismissed the cases in July 2019...

Tenant's Granddaughter Gets Rent-Stabilized Apartment

February 25, 2020    

Landlord sued to evict apartment occupants after rent-stabilized tenant died. One of the occupants claimed that she was tenant's granddaughter and that she had succession rights. The trial court ruled for the...

NYCHA Tenant's Grandson Can't Get Apartment

February 25, 2020    

NYCHA tenant's grandson claimed succession rights to tenant's apartment after she died. NYCHA held a hearing and denied the grandson's request. The grandson then filed an Article 78 court appeal, claiming...

Court Refers Tenant's Overcharge Claim to DHCR

February 24, 2020    

Tenant sued landlord, claiming that her apartment was rent stabilized, that it had been improperly deregulated, and that she had been overcharged. Landlord asked the court to dismiss the case, and tenant asked the...

Co-op Board Can Evict Shareholder Tenant Based on Objectionable Conduct

February 24, 2020    

Landlord cooperative corporation sued to evict shareholder tenant based on tenant's objectionable conduct, which violated tenant's proprietary lease. Tenant had refused to move out after landlord's board...

Court Upholds DOB Violations Against Landlord for Tenants' Short-Term Rentals

February 24, 2020    

DOB issued six violation notices to landlord between March and September 2017 based on illegal short-term subletting via Airbnb by six tenants in an apartment building. Landlord argued before ECB that the violations...

90-Year-Old Tenant Was Absent from Apartment Due to Injuries in Portugal

February 24, 2020    

Landlord sued to evict 90-year-old rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant primarily resided in Portugal. The trial court ruled for tenant and dismissed the case. Landlord...

Overcharge Finding Applied Triple Damages to Extended Look-Back Period

February 24, 2020    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. The court ruled for tenant, declaring that he was entitled to a rent-stabilized lease and an overcharge refund to be...

Landlord Not Responsible for Attack by Roommate on Shelter Occupant

February 24, 2020    

Homeless shelter occupant sued landlord for negligence after he was assaulted and battered by his roommate. He claimed that landlord negligently hired and trained staff and failed to supervise them. Landlord asked...

Tenants Claiming Overcharge Granted Class Action Status

February 15, 2020    

Current and former building tenants sued landlord, claiming rent overcharge and improper deregulation of apartments while landlord received J-51 tax benefits for the building. Tenants asked the court to certify the...

Prior Tenant Sold Loft Law Rights to Landlord

February 15, 2020    

Landlord sued to evict month-to-month tenant. Tenant claimed that she was protected by either the Loft Law or the rent stabilization law. Tenant asked the court to hold off on deciding the case until her application...