NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Landlord Can Evict Tenant for Drug Trade Conducted in Unit

January 29, 2020    

Landlord sued to evict tenant for illegal use of his apartment. The trial court ruled for landlord. Tenant appealed and lost. During a lawful search of tenant's apartment, police recovered drugs and paraphernalia...

Law Amended by HSTPA Applied to Owner Occupancy Case on Appeal

January 27, 2020    

Landlord sued to evict rent-stabilized tenant, in order to recover the apartment for owner occupancy. The trial court ruled for landlord in July 2018 because landlord showed a good faith intent to occupy as his...

Lower Court Must Recalculate Overcharge Liability Under HSTPA

January 27, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. In July 2018, the court granted tenant's request to dismiss the case and awarded tenant $8,112 on a rent...

Court Dismisses Illegal Sublet Claim Against Daughter Claiming Pass-On Rights

January 27, 2020    

Landlord sued to evict rent-stabilized tenant's estate and her daughter after tenant died and the daughter advised landlord that she was claiming succession rights. Landlord claimed illegal sublet against the...

DOB Can't Prove Landlord Knew of Tenant's Illegal Transient Rental

January 27, 2020    

DOB issued a violation notice to landlord based on NYC Admin. Code Section 28-210.3, which makes it unlawful to permit use or occupancy of a dwelling unit classified for permanent residence for other than permanent...

Landlord's Claim to Recover Four Units Dismissed After HSTPA Amendments

December 19, 2019    

In separate proceedings, landlord sued to evict four rent-stabilized tenants in a six-unit building in order to combine the apartments as a residence for his son. The court consolidated the cases, and tenants asked...

Landlord Should Have Sent Tenant a Notice to Cure

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by objectionable conduct. Landlord claimed that tenant engaged in vandalism of the building super's car, and physically assaulted both the...

Loft Board Incorrectly Permitted Tenants to Withdraw Coverage Applications

December 19, 2019    

Landlord operated a paper waste disposal plant on a loft building's first floor. Residential tenants sought interim multiple dwelling (IMD) status in 2014. Landlord argued that the building's hazardous...

Rent-Stabilized Tenants' Daughter Can't Remain in Apartment

December 19, 2019    

Landlord sued to evict rent-stabilized tenants for nonprimary residence. Tenants' daughter claimed succession rights. The trial court ruled for landlord. Tenants appealed and lost, then appealed again to a higher...