NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Landlord Didn't Deliver Timely Copy of Termination Notice to DHCR

February 15, 2020    

Landlord sued to evict rent-controlled tenant for creating a nuisance by permitting a "horrific bed bug infestation to develop." Tenant asked the court to dismiss the case because landlord failed to deliver...

Vacancy Deregulated Apartment Not Reregulated by HSTPA

February 15, 2020    

Landlord sued to evict tenant, claiming that tenant's apartment was exempt from rent stabilization due to high-rent vacancy. Tenant claimed that he was rent stabilized. The court ruled against tenant, who...

Six-Year Rule Applied to Overcharge Claim Pending When HSTPA Took Effect

February 15, 2020    

Landlord condominium unit owner sued to evict tenant from the unit. Tenant claimed that he was rent stabilized because the building received J-51 tax benefits and that he had been overcharged. The court ruled for...

Person Attacked by Tenant's Dog Can Sue Landlord

February 15, 2020    

A woman who was injured after a tenant's dog bit her sued the building's landlord. Landlord asked the court to dismiss the case, claiming that it wasn't responsible for the dog bite. The court ruled...