NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Occupants Given Extended Time to Move Out Post-Judgment

October 23, 2019    

Landlord sued to evict apartment occupants after tenant moved out. The court ruled for landlord, finding that occupants were licensees, not tenants. The court gave occupants five months to move out, provided they...

Article 78 Petition of HPD Decision After Evidentiary Hearing Must Be Decided by Appeals Court

October 23, 2019    

Landlord of Mitchell-Lama building sent tenant a notice to cure, claiming that tenant didn't primarily reside in his apartment. Landlord then sought a certificate of eviction from HPD. Tenant appeared at HPD'...

Tenants Can Reopen Overcharge Claim Based on HSTPA Choice of Forum Provision

October 23, 2019    

Tenants sued landlord for rent overcharge. In September 2018, the court granted landlord's request to dismiss the complaint because the DHCR had concurrent jurisdiction and the court found that "the issues...

Court Incorrectly Found Landlord's Nonrenewal Notice Defective

October 23, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant's request to dismiss the case based on defects in landlord's combined notice of lease nonrenewal and...

Landlord Waited Too Long to Object to Tenant's Pitbull

October 23, 2019    

Landlord sued to evict tenant for keeping a pitbull dog in his apartment in violation of her lease. Tenant claimed that she had kept the dog since she moved into the apartment in 2014, and that landlord's staff...

Landlord Must Renew Preferential Rent Under LINC Rider to Lease

October 23, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant later asked the court to vacate or modify the settlement stipulation. The...

Landlord Must Refund Security Deposit

October 23, 2019    

Former tenant sued landlord, the co-op shareholder, for return of her security deposit after she moved out. Landlord claimed that tenant wasn't entitled to a refund because, as the result of a number of short-...

Court Denies Landlord's Request for Rent While Eviction Case Pending

October 23, 2019    

Landlord sued to evict unregulated tenant and her adult son after sending a 30-day termination notice. After a number of adjournments, landlord asked the court to make tenant pay a rent deposit and/or use and...

Tenant's Son, as Licensee, Had No Standing to Claim Retaliatory Eviction

October 23, 2019    

Landlord sued to evict unregulated tenant and her adult son. The son appeared in court and claimed retaliatory eviction. A guardian ad litem also was appointed for tenant. The son claimed that landlord sued to evict...

Rent-Stabilized Tenant Still Responsible for Rent If Renewal Lease Not Offered

October 23, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant argued that, because his last renewal lease expired on July 31, 2017, and he had no current renewal lease, he didn't owe rent. The...

Elderly, Disabled Tenant Granted Six-Month Delay of Eviction

October 23, 2019    

Landlord sued to evict tenant for creating a nuisance based on the condition of her apartment. Tenant was elderly, was granted a life estate when her family sold the building to landlord, and had an Article 81...

DHCR Must Decide If Repeal of Deregulation Law Applied to Tenant's Case

October 23, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment after the building's J-51 tax benefits ended. Tenants argued that the building became rent stabilized solely as a...