NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant's Notice of Claim Against Landlord Deemed Timely

September 22, 2019    

Tenant asked the court for permission to file a late notice of claim against landlord NYCHA for claimed negligence related to testing, repair, and abatement of lead paint in tenant's apartment. Landlord asked the...

Eviction Proceeding Needn't Be Delayed Because of Related Court Action

September 22, 2019    

Landlord sued to evict rent-stabilized tenant for failing to execute a renewal lease. Tenant asked the court to delay the eviction proceeding pending determination of a related NY State Supreme Court action commenced...

Amendments to RSL in June 2019 Didn't Change Result of Overcharge Claim Denied in May 2019

September 22, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there was a fraudulent scheme to deregulate the apartment and rent overcharge and asked the court to dismiss the case. The court ruled against...

Landlord Claims Prior Landlord Misrepresented That Apartment Was Deregulated

September 22, 2019    

New landlord of apartment building sued prior landlord for fraud and breach of contract based on claimed misrepresentation that certain units were exempt from rent stabilization. After new landlord purchased the...

Landlord Claims Tenants Misrepresented Rent Stabilization Status

September 22, 2019    

New landlord sued two building tenants, claiming fraud and tort based on claimed misrepesentations by tenants, before landlord purchased the building, that they were rent stabilized. The court dismissed the complaint...

Co-op Shareholder Tenant Seeks to Evict Gay Life Partner

September 22, 2019    

Co-op apartment shareholder tenant sued to evict his gay life partner, after sending the partner a notice to quit and claiming that he was a licensee. The partner argued that he wasn't a licensee, but a family...

Tenant's Son Can't Prove Unauthorized Dog Was Emotional Support Animal

September 22, 2019    

Landlord sued to evict tenant for keeping a dog in violation of a no-pets clause in her lease. Tenant didn't appear in court, but her adult son appeared. He lived with tenant and claimed that he needed the dog as...

Prior Preferential Rent Below Deregulation Threshold Didn't Prevent Vacancy Deregulation

September 21, 2019    

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord Must Accept Section 8 Vouchers

September 21, 2019    

The NY Attorney General sued landlord and sought an injunction barring landlord from not accepting federal housing subsidized vouchers as a form of rent. The AG claimed that landlord's refusal to accept the...

Rehabbed Building Wasn't Exempt from Rent Stabilization

September 21, 2019    

Landlord sued to evict unregulated month-to-month tenant. Tenant claimed that he was rent stabilized. Landlord argued that the building was substantially rehabilitated after 1974 and therefore wasn't subject to...

Resident Discharged from Treatment Facility Can't Claim Unlawful Eviction

September 21, 2019    

Former resident of residential substance abuse treatment facility sued the treatment facility operator for unlawful eviction and deprivation of property without due process of law. The court granted the facility...

Did Landlord Wait Too Long to Seek Rent in Eviction Proceeding?

August 27, 2019    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $28,708. Tenant claimed that landlord waited too long to seek payment of rent owed, and that the delay was unreasonable and inexcusable...