NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Can Look Back More Than Six Years to Determine if Deregulation Was Improper

January 29, 2020    

Landlord sued to evict unregulated tenant after tenant's lease expired and tenant didn't move out. Tenant claimed improper deregulation and asked for permission to conduct pre-trial questioning. The court...

Nuisance Claim Against Tenant for Excessive Noise Dismissed

January 29, 2020    

Landlord sued to evict rent-stabilized tenant for creating a nuisance based on constant loud noise from tenant's apartment over 17 months. Landlord's court papers described more than 33 pages of dates and...

Apartment Was Rent Stabilized Despite Settlement Agreement to the Contrary

January 29, 2020    

Tenant sued landlord after landlord refused to renew his lease, seeking a determination that he was rent stabilized and had been overcharged. The court ruled for tenant, and landlord appealed.

Court Finds 5 Percent Late Rent Payment Fee Unenforceable

January 29, 2020    

Landlord sued former tenant in small claims court, claiming that tenant owed $2,100 in legal and late fees. Tenant in turn claimed $5,000 in legal fees. The court ruled against landlord and awarded tenant $5,000 for...

Landlord's HDFC Status Was Unexplained in Court Papers

January 29, 2020    

Landlord HDFC sued to evict month-to-month tenant after sending a 30-day termination notice, and claimed that tenant wasn't subject to any form of regulation. The trial court ruled for landlord. Tenant appealed...

Tub Reglazing Was Repair, Not Individual Apartment Improvement

January 29, 2020    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, awarding triple damages and attorneys' fees. Landlord filed an Article 78 court appeal, claiming that the DHCR's decision was...

Court Must Recalculate Overcharge

January 29, 2020    

Tenant sued landlord, claiming improper deregulation of her apartment, that she was rent stabilized, and that she was overcharged. The court ruled for tenant and ordered landlord to refund rent overcharges.

Pending Overcharge Case Reopened to Apply Six-Year Statute of Limitations

January 29, 2020    

Unregulated tenant sued landlord, claiming that his apartment had been illegally deregulated, that he was rent stabilized, and that he had been overcharged. The court ruled for tenant, finding that he was entitled to...

Tenants of J-51 Building Can Pursue Class Action Status

January 29, 2020    

Building tenants sued landlord, claiming rent overcharge and other violations of the rent stabilization law. Tenants also sought designation to proceed with the case as a class action. The court dismissed tenants...

Court Can't Stay Eviction of NYCHA Tenant

January 29, 2020    

Landlord NYCHA sued to evict tenant after a NYCHA hearing resulted in termination of her tenancy. The court ruled for landlord but permanently stayed issuance of an eviction warrant as an accommodation to tenant'...

Landlord's Owner Occupancy Case Dismissed Based on HSTPA

January 29, 2020    

Landlord sued to evict rent-stabilized tenant in 2018, in order to recover the apartment for use by his son as a primary residence. After the rent stabilization law was amended by the Housing Stability and Tenant...

Tenant Gets One-Year, 50 Percent Rent Abatement for Construction Noise

January 29, 2020    

Rent-stabilized tenant sued landlord for breach of the warranty of habitability and sought $25,000 in damages resulting from building renovations in 2017 and 2018. Tenant was an affordable housing tenant in a 421-a...