NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Claims She's a Domestic Violence Victim

July 15, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by objectionable conduct. Tenant claimed that landlord discriminated against her as a domestic violence survivor and asked the court to dismiss...

Landlord Didn't Have to Name Tenant's Son as Party in Court Papers

July 15, 2019    

Landlord sued to evict rent-stabilized tenant for nuisance, claiming that tenants or members of tenant's family verbally harassed other building tenants on a continuing and ongoing basis. Tenant's son asked...

Tenant Entitled to Full Security Deposit Refund

July 15, 2019    

Former tenant sued landlord in small claims court, seeking a refund of his $1,737 security deposit. Landlord in turn claimed that tenant owed $5,000 for repairs made to the apartment after tenant moved out. The court...

Tenant Misrepresented Income and Family Composition Information

July 15, 2019    

Landlord sued to evict tenant for being in material noncompliance with his lease. Landlord claimed that tenant didn't disclose all of his income on his initial 2012 application for low-income, rent-stabilized,...

Landlord Proved IAIs Resulted in Apartment's Vacancy Deregulation

July 13, 2019    

Tenant sued landlord and prior landlord, claiming rent overcharge and improper deregulation of a rent-stabilized apartment. The court ruled for tenant, finding that the cost of individual apartment improvements (IAIs...

Is Landlord Responsible for Property Damage Due to Bedbug Infestation?

July 13, 2019    

Tenant sued landlord in small claims court, claiming that landlord caused $5,000 in damages to her personal property due to a bedbug infestation in her apartment. The court ruled for tenant in part and awarded her $2...

Tenant Primarily Resided in Tennessee

July 13, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord. Tenant appealed and lost. The trial court relied on sufficient proof that tenant actually lived in Tennessee from...

Change in Number of Units Without C of O Means Landlord Can't Collect Rent

July 13, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that no rent was owed under Multiple Dwelling Law (MDL) Section 302. The court ruled for tenant and dismissed the case. Landlord appealed and lost...

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...