NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Can't Sue Rent Guarantor in an Eviction Proceeding

September 25, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and denied tenant's request to vacate the judgment entered in Nov. 2013. Tenant appealed and won. The nonpayment petition, and...

Tenant Awarded Full Refund of Security Deposit

September 25, 2019    

Former tenant sued landlord in small claims court to recover $2,900 security deposit paid for rental of landlord's house. Landlord counterclaimed for $1,906 in property damage, repairs, lost wages, late fees, and...

Landlord Made Sufficient Attempts to Deliver Court Papers

September 25, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that court papers weren't properly served, and asked the court to dismiss the case. The court ruled against tenant, who appealed and lost....

SCRIE Benefit Is Deducted from Legal Regulated Rent, Not Preferential Rent

September 25, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $5,106. Tenant asked the court to dismiss the case, claiming that landlord failed to properly credit his Senior Citizen Rent...

Tenant Presented No Proof of Claimed Damage to Her Personal Property

September 25, 2019    

Former tenant sued landlord, claiming that landlord damaged tenant's personal property, in violation of their lease agreement and the implied warranty of habitability. The City Court ruled for tenant and awarded...

Landlord's Termination Notice Citing Unlawful Short-Term Rentals Was Insufficient

September 22, 2019    

Landlord sued to evict tenant for repeatedly subletting his apartment on a short-term basis through Airbnb. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was insufficient...

City Didn't Give Section 8 Tenant Pre-Termination Hearing

September 22, 2019    

Tenant sued the City of New Rochelle, which administered tenant's federal Section 8 rent subsidy. The city informed tenant by a May 2018 letter that her Section 8 subsidy was terminated. But then, despite June 8...

Prospective Shareholder-Tenant's Discrimination Claim Against Co-op Dismissed

September 22, 2019    

Potential cooperative shareholder-tenant sued landlord cooperative corporation for rejecting his application to buy a co-op apartment. Tenant claimed discrimination because he was Mexican American. Tenant claimed a...

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...