NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Gets 30 Percent Rent Abatement for Multiple Apartment Conditions

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement. Based on tenant testimony and HPD violations, the trial court...

Court Mistakenly Gave Landlord Judgment of Possession

December 19, 2019    

Landlord sued to evict Yonkers tenant for illegal subletting. The court ruled for landlord based on tenant's failure to make a court-ordered rent deposit. Tenant appealed, and the case was reopened. It was an...

Was Landlord Responsible for Tenant's Fall in Driveway?

December 19, 2019    

Monroe County tenant sued landlord for negligence after she stepped on a loose piece of asphalt in the premises driveway and then fell outside her apartment. The court ruled for tenant without trial, finding that...

Landlord's Son Had Apparent Authority to Sign Lease with Tenant

December 19, 2019    

Landlord sued to evict unregulated month-to-month tenant after sending a 30-day termination notice. Tenant asked the court to dismiss the case, claiming that he had a one-year lease signed in March 2019 and which...

Tenant's Claim for Child's Lead Poisoning from Backyard Soil Dismissed

December 19, 2019    

Former tenant sued landlord, claiming that her child suffered lead poisoning from conditions at the premises and that landlord violated the NYC Childhood Lead Poisoning Prevention Act (Local Law 1). Tenant moved into...

Court Vacates Judgment and Eviction Warrant in Nonpayment Case

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court and tenant agreed to pay back rent by a certain date. The court later granted tenant...

Rent-Stabilized Tenant's Aunt Didn't Prove Succession Rights

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for not renewing her lease. Landlord also named apartment occupant, who was tenant's aunt, in the eviction proceeding. The tenant had moved out, and the aunt claimed...

Landlord Must Replace Nonworking Elevator

December 18, 2019    

In 2009, landlord asked the DHCR for permission to modify building services after IMD loft tenant became subject to rent stabilization. Landlord wished to dismantle a 75-year-old elevator that had broken down for...

Court Applies Six-Year Statute of Limitations to Overcharge Counterclaim in Pending Case

December 16, 2019    

Landlord sued to evict rent-stabilized tenant after tenant refused to renew his lease. Tenant claimed rent overcharge. After trial in 2019, the court gave the parties six weeks to submit written post-trial memos....

Landlord Sanctioned for Ordering Notice of Eviction from Marshal

December 16, 2019    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in November 2018. Tenant agreed to pay back rent plus current rent by Dec. 31, 2018. In April 2019, a warrant of...

Tenant Presented No Excusable Default to Vacate Eviction Warrant

December 16, 2019    

Landlord sued to evict tenant after NYCHA determined that tenant's chronic rent delinquency violated her lease. The court ruled for landlord after an inquest, but the warrant clerk denied landlord's request...

HSTPA Choice of Forum Provision Doesn't Bar Court from Transferring Case to DHCR

December 16, 2019    

Rent-stabilized tenant sued landlord for rent overcharge. The court ruled in June 2019 that the DHCR was in a better position to determine and calculate the amount of overcharge damage and that the case should...