NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Landlord's ETPA Renewal Lease Offer Didn't Waive Termination Notice

August 26, 2019    

Landlord sued to evict rent-stabilized ETPA tenant for a lease violation based on chronic nonpayment of rent. Landlord claimed that it had to commence three nonpayment proceedings against tenant within a 20-month...

Court Permits Discovery of Rent History Records Going Back 23 Years

August 26, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pretrial questioning. The court ruled for tenant. Tenant, after...

Tenant Claims Overcharge Based on Large Rent Hike More Than Four Years Earlier

August 26, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant, whose rent was subsidized by the Living in Communities (LINC) program, agreed...

Landlord Didn't Provide Rent Receipts to Tenant

August 26, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed $11,575 at$1,479 per month for the period between July 2018 to January 2019 plus $1,221 for June 2018. Tenant claimed...

Tenant Excused from Apparent Default During Probation Period

August 26, 2019    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, putting tenant on probation for a year with tenant agreeing to pay monthly rent in certified...

Was Landlord Responsible for Building Visitor's Slip and Fall?

August 21, 2019    

A building visitor sued landlord NYCHA, claiming that landlord was responsible for her slip-and-fall on an unsecured doormat outside tenant's apartment. The visitor's hand was injured in the accident, which...

Landlord Can't Get Back Rent from Tenant Who Moved Out Under Surrender Agreement

August 21, 2019    

Landlord sued former rent-stabilized tenant for unpaid rent after tenant moved out of the apartment. The court ruled against landlord, who appealed and lost. Tenant moved out after landlord sued to evict tenant and...

Amended Law Bars Landlord from Recovering Entire Building for Owner Occupancy

August 21, 2019    

Landlord sued to evict rent-stabilized tenants, claiming that it sought to recover all apartments in the building in order to convert it into a single-family home to be used as landlord's primary residence. The...

Landlord Didn't Offer Proper Rent-Stabilized Renewal Lease

August 21, 2019    

Landlord sued to evict rent-stabilized tenants for failure to renew their lease. The court ruled against landlord and dismissed the case. Landlord offered both tenants a renewal lease, and one of the two stated that...