NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Retroactively Applies HSTPA Amendments to Pending Overcharge and Choice of Forum Claims

November 21, 2019    

Tenants of 55 different apartments in 22 buildings owned or operated by landlord sued landlord in 2016 and claimed that landlord pursued a scheme designed to unlawfully inflate rents in violation of the Rent...

Disabled Tenant Can Keep Emotional Support Dog

November 21, 2019    

Landlord cooperative corporation filed an Article 78 appeal of a decision by the NY State Human Rights Division that it unlawfully discriminated against tenant on the basis of disability by not allowing her to keep...

Landlord Improperly Claimed Tenant Was a Licensee

November 21, 2019    

Landlord sued to evict apartment occupant, after sending him a 10-day notice to quit. Landlord claimed that the occupant was a licensee, not a tenant. Occupant pointed out various indicators that he was a tenant. The...

Landlord's Court Papers Didn't Explain Why Tenant Was Unregulated

November 21, 2019    

Landlord sued to evict unregulated tenant after tenant's lease expired. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord's court papers contained fundamental...

Tenant's Nephew Can't Get Rent-Controlled Apartment

November 21, 2019    

Landlord sued to evict apartment occupant after rent-controlled tenant died. The occupant claimed succession rights and that he was tenant's nephew. The trial court ruled for landlord. Occupant appealed and lost...

Questions of Fact Require Trial on Whether Apartment Was Unregulated

November 21, 2019    

Landlord sued to evict tenant for nonpayment of rent, claiming that the apartment was unregulated. Tenant, in turn, claimed that he was rent stabilized and that there was a rent overcharge. The court denied landlord...

Landlord Didn't Breach Settlement Concerning Property Held in Fire-Damaged Apartment

November 21, 2019    

(Decision submitted by Adam Leitman Bailey of the Manhattan law firm of Adam Leitman Bailey, P.C., attorneys for the landlord.)

Tenants Can Pursue Overcharge Claim Under Six-Year Statute of Limitations

November 21, 2019    

Tenants sued landlord, seeking a declaration that: (a) their apartment was rent stabilized; (b) they were entitled to a rent-stabilized lease; and (c) they had been overcharged. The court granted landlord's...

Tenants Can't Raise Negligence Claim in Federal Court

November 21, 2019    

Tenants sued Con Edison and landlord in federal court, claiming that they were negligent by failing to remedy a gas leak and to remove mold, roaches, rats, and garbage from in and around their apartment. Tenants...

Landlord Incorrectly Claimed Apartment Was Unregulated

October 28, 2019    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant was unregulated. But tenant showed that she was rent stabilized, and the case was dismissed based on landlord's failure to...

Lease Limited Payable Rent to Prior Tenant's Rent Under SCRIE Program

October 28, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Prior tenant, who was tenant's mother, had SCRIE benefits and paid a reduced monthly rent of $555 under her 2016 and 2018 renewal leases....

Tenant Must Comply with Amended LIHTC Income Recertification Requirements

October 28, 2019    

Landlord sued to evict rent-stabilized tenant based on a claimed violation of a substantial obligation of her tenancy. Landlord claimed that tenant failed to certify under the requirements of the Low Income Housing...