NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Rent-Stabilized Tenant's Short-Term Sublets Didn't Amount to Profiteering

November 21, 2019    

Landlord sued to evict rent-stabilized tenant for profiteering from short-term rentals of her apartment. The court ruled against landlord, finding that the nature and frequency of tenant's rentals didn't...

Landlord Not Responsible for Injuries to Tenant After Shooting

November 21, 2019    

Tenant sued landlord after being shot at her apartment building. The court granted landlord's request to dismiss the case. Tenant appealed and lost. Landlord had a duty to take minimal security precautions to...

DHCR Must Explain Its Method for Setting Rent

November 21, 2019    

Landlord asked the DHCR to determine the legal rent for tenant's SRO unit after a court ruled that tenant was a rent-stabilized permanent tenant. Tenant had checked into the SRO building in August 2015, paid a...

Tenants Can Maintain Class Action for Rent Overcharge

November 21, 2019    

Tenants sued landlords and asked the court to designate the case as a class action. Tenants claimed rent overcharge and a fraudulent scheme to inflate rents in over 20 buildings landlords owned and operated. The...

Landlord Can Claim Chronic Nonpayment of Rent Creates a Nuisance

November 21, 2019    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it commenced 11 nonpayment proceedings against tenant over 13 years. The court denied tenant's request to...

NYCHA Must Perform Reasonable Inquiry to Avoid Overlapping Cases

November 21, 2019    

Landlord NYCHA sued tenants in various buildings for nonpayment of rent. The court held a hearing to address the issue of overlapping rents sought in multiple proceedings involving different tenants. The petitions...

Tenant Who Spent Most Nights at Partner's Home Still Maintained Primary Residence

November 21, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, even though tenant spent a substantial amount of time at his partner's apartment. Tenant testified...

Court Applies Default Method to Determine Rent Overcharge

November 21, 2019    

Tenants sued landlord, claiming improper apartment deregulation and rent overcharge. The court ruled for tenants in 2017, determined that they were rent stabilized, ordered landlord to give them a rent-stabilized...

Landlord Can't Sue to Evict Successor Tenant for Nonpayment of Pre-Succession Rent

November 21, 2019    

Landlord of Mitchell-Lama co-op building sued to evict shareholder tenant for nonpayment of maintenance. Tenant claimed that the rent demand was defective because landlord sought rent for months prior to her...

Former Tenant Gets Rent Abatement for Water Damage

November 21, 2019    

Former rent-stabilized tenant sued landlord in small claims court, seeking $5,000 in damages based on landlord's failure to make apartment repairs. Tenant showed that a major leak due to a burst pipe occurred in...

Conditions Resulting in DHCR Rent Reduction Weren't De Minimis

November 21, 2019    

Rent-stabilized tenants complained to the DHCR of a reduction in building services. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that the conditions were de minimis--that is...

Landlord Responsible for Tenant's Unlawful Short-Term Apartment Rentals

November 21, 2019    

Landlord filed an Article 78 appeal of ECB's decision imposing penalties on landlord based on tenant's unauthorized short-term apartment rentals of two apartments through Airbnb. ECB had fined landlord $51,...