NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Landlord Can't Evict Tenant's Daughter While Succession Claim Grievance Still Pending

October 28, 2019    

Landlord sued to evict tenant's adult daughter after tenant died. The daughter had filed an Article 78 appeal of NYCHA's decision denying her remaining family member grievance, and it was undisputed that the...

Landlord Can Seek Eviction of Month-to-Month Tenant

October 28, 2019    

Landlord sued to evict unregulated tenant from two-family house for nonpayment of rent. Landlord claimed that tenant owed rent totalling $35,680 for the period between January 2018 and May 2019. Tenant asked the...

Rent-Stabilized Tenant Didn't Comply with Document Production Order

October 28, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. When tenant failed to comply with an agreement to produce certain documents during  pretrial questioning, landlord asked the court to...

Non-Purchasing Tenants in Former Mitchell-Lama Building Weren't Rent Stabilized

October 28, 2019    

Nonpurchasing tenants in a cooperative building complex sued landlord co-op corporation, claiming that they were rent stabilized. The court ruled against tenants, who appealed and lost. The complex didn't become...

Tenant Sues Landlord After Tripping Over Mat in Lobby

October 25, 2019    

Tenant sued landlord for negligence, after she tripped and fell over a mat placed in front of an elevator in the building lobby. Tenant claimed that the mat was defective because it had curled-up edges. She also said...

Family Member Can't Get Deceased Tenant's Mitchell-Lama Apartment

October 25, 2019    

Mitchell-Lama apartment occupant claimed succession rights after tenant died. HPD ruled against the occupant, who then filed an Article 78 court appeal. The court ruled against the occupant. Although occupant was a...

Tenant's Basement Apartment Violated C of O

October 25, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that his basement apartment occupancy violated the building's Certificate of Occupancy. The court ruled...

Did Landlord Discriminate on Basis of Tenant's Lawful Income?

October 25, 2019    

Tenant sued landlord, its real estate broker, and other individual agents for discrimination based on lawful source of income, in violation of the NYC Human Rights Law. Tenant asked the court to decide the case in...

Court Applies HSTPA Amendments to Rent Overcharge Claim in Pending Case

October 23, 2019    

Landlord sued to evict SRO tenant for nonpayment of rent. Tenant claimed rent overcharge and breach of the warranty of habitability. The court ruled for tenant. Landlord's failure to register the apartment barred...