NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Unit That Had Been Owner-Occupied Not Subject to Fair Market Rent Appeal

July 13, 2019    

Landlord sued to evict unregulated tenant. The court ruled against landlord and dismissed the case. The court also ruled that tenant could file a fair market rent appeal with the DHCR to challenge her apartment's...

Triple Damages Imposed for Rent Overcharge

July 13, 2019    

Tenant sued landlord for rent overcharge and improper apartment deregulation. The court ruled for tenant, found the apartment was rent stabilized, and awarded tenant triple damages for willful rent overcharge....

Tenant Not Responsible for Subtenant's Slip-and-Fall

July 13, 2019    

Subtenant sued landlord and tenant for negligence based on injuries she suffered when she fell on the apartment building's interior concrete staircase. The court denied tenant's request to dismiss any of the...

Tenant's Claims Based on Secondhand Smoke Dismissed

July 13, 2019    

Tenant sued landlord for negligence and breach of contract, claiming personal injuries arose from her exposure to secondhand smoke in her apartment. Landlord asked the court to dismiss the case without a trial. The...

Change in Tenant's Corporate Entity Resulted in Vacancy Deregulation

July 13, 2019    

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

Building Receiving 421-g Tax Benefits Not Subject to Luxury Deregulation

July 13, 2019    

Tenants in a building that received Real Property Tax Law (RPTL) 421-g tax benefits sued landlord, and asked the court to declare that they were rent stabilized. The court ruled for tenants. Landlord appealed, and...

Landlord Not Responsible for Tenant's Slip-and-Fall on Lobby Step

June 24, 2019    

Tenant sued landlord NYCHA for damages based on injuries suffered in a slip-and-fall accident in the building stairway. Tenant slipped on urine on the stairs. Landlord asked the court to dismiss the case, claiming...

Landlord Can't Evict Tenant Who Got Rent Subsidy Reinstated

June 24, 2019    

Landlord sued to evict rent-stabilized tenant for breaching her lease by failing to maintain her Section 8 benefits. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant had...

Landlord Didn't Prove Tenant Had Roommate Whose Income Was Relevant to Deregulation Determination

June 24, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2015. Landlord noted in its application that it contested the amount of the household income claimed by tenant...

Co-op Can Evict Shareholder Tenant Due to Cluttered Apartment

June 24, 2019    

Landlord cooperative corporation sued to evict shareholder tenant based on tenant's apartment conditions. At trial landlord showed through the property manager's testimony that trash and boxes were piled to...

Is Landlord Responsible for Tenant's Slip-and-Fall on Icy Steps?

June 24, 2019    

Tenant of two-family house sued landlord to recover damages for injuries after slipping and falling on ice on the exterior front steps of his house. The court granted landlord's request to dismiss the case...

Neither Landlord Nor Tenant Responsible for Tenant's Dog Bite

June 24, 2019    

Plaintiff sued tenant and owner of apartment where tenant lived after tenant's dog bit her. The court granted requests by both landlord and tenant to dismiss the case. The plaintiff appealed and lost. Neither...