NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Unauthorized Washing Machine Caused Plumbing Damage

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for installing and using a washing machine in her apartment in violation of a substantial obligation of her tenancy. Tenant didn't obtain landlord's written...

Apartment Deregulated Before June 14, 2019, Not Reregulated by HSTPA

December 19, 2019    

Landlord sued to evict unregulated tenant. The court granted tenant's request to dismiss the case without trial. Landlord appealed and won. Before moving out, prior tenant had a one-year lease from August 2013...

Evicted Tenant Showed No Good Cause to Be Restored to Possession

December 19, 2019    

Landlord sued to evict tenant based on failure to sign a rent-stabilized renewal lease. The court ruled for landlord, and tenant was evicted. Tenant later asked the court to restore her to possession and give her a...

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....