NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Airbnb Records of Uncompleted Reservations Must Be Given to NYC

April 27, 2020    

In a lawsuit against Airbnb concerning unlawful short-term rentals where the Mayor's Office of Special Enforcement (OSE) issued subpoenas, NYC sought user records of individuals whose postings for certain...

Landlord Withheld "Move-Out Fee" from Security Deposit

April 27, 2020    

Former tenant sued landlord in small claims court for $5,000, after landlord failed to return his full security deposit. Although tenant's lease ran through Aug. 31, 2019, tenant broke his lease and moved out mid...

Mental Health Program's Eviction Case Against Subtenant Dismissed

April 24, 2020    

Tenant, who operated a subsidized program under agreement with DOHMH, sued to evict subtenant for sublease violations. Tenant claimed that subtenant failed to pay monthly rent as it became due, used or possessed...

Court Issues Administrative Order to Limit Court Processing to Essential Matters

April 24, 2020    

The Court issued an administrative order in light of the emergency circumstances caused by COVID-19, consistent with Gov. Cuomo's executive order suspending statutes of limitation in legal matters. Effective...

Did Rent-Controlled Tenants Waive Rights When They Agreed to Relocate?

April 24, 2020    

The daughter of deceased tenants complained to the DHCR that landlord refused to offer her a rent-stabilized renewal lease as a successor tenant after her mother died in 2014. She claimed that her parents were rent...

Tenant Never Gave Landlord Notice of Lead-Paint Condition Claim

April 21, 2020    

Tenant sued landlord, claiming that landlord was responsible for tenant's exposure to lead-based paint between 1992 and 1994. Landlord had co-owned the building with his father when tenant lived there. The court...

Did Landlord's Failure to Fix Shower Rod Bracket Cause Tenant's Slip and Fall?

April 21, 2020    

Tenant sued landlord for negligence after he slipped and fell while stepping out of a combined bathtub/shower in his apartment after taking a shower. Tenant claimed that the wet and slippery condition of the floor...

Court Vacates Default Judgment Against Section 8 Tenant

April 21, 2020    

Landlord sued to evict project-based Section 8 tenant for nonpayment of rent. Tenant didn't appear in court, so the court awarded landlord a judgment of possession and a money judgment for $2,683. Tenant later...

New Landlord Who Claims Overcharge Not Willful Must Produce Due Diligence Report

March 23, 2020    

Tenants sued landlord for rent overcharge while landlord received J-51 tax benefits for its building. Landlord claimed that it didn't willfully overcharge tenants because it relied on misrepresentations...

Court Revokes NYC Planning Commission's Approval of LES Skyscrapers

March 23, 2020    

Local community organizations, nonprofit groups, and residents of the "Two Bridges" neighborhood in Manhattan's Lower East Side (LES) filed an Article 78 court appeal, seeking annulment of the NYC...

Broker Was Entitled to 15 Percent Commission from Landlord

March 23, 2020    

Real estate broker sued landlord in small claims court after landlord failed to pay its commission for rental of an apartment. The court ruled for the broker and awarded $5,000 as the commission. Landlord appealed...

Condo Can Install Roof Protections on Neighboring Landlord's Roof

March 23, 2020    

A condominium building (the condo) sued neighboring landlord of next-door residential building (landlord) and asked the court to grant the condo access to landlord's building in order to install and maintain roof...