NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Grants Pre-Trial Questioning on Rent Overcharge Claim

August 21, 2019    

Landlord sued to evict month-to-month tenant when tenant's lease expired, claiming that the apartment was deregulated. Tenant claimed that the apartment was improperly deregulated and that there was a rent...

Tenant Can't Sue NYC or Its Mayor for Lead Paint Exposure Claim

August 12, 2019    

Tenant sued landlord NYCHA, as well as the City of New York and Mayor DeBlasio, for damages she claimed arose from her child's exposure to lead paint in her apartment. Tenant claimed a pattern and policy of...

Landlord Who Doesn't Prove Cost of IAIs Must Refund Triple Damages for Rent Overcharge

August 12, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant and ordered landlord to refund $117,402, including triple damages for willful rent...

Tenant Can't Rely on Nonbinding Lease Agreement to Get Attorney's Fees

August 12, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case but denied tenant's request for attorney's fees. Tenant appealed and lost. Real Property Law...

No Rent Overcharge Found Using Four-Year Base Date

August 12, 2019    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. The court ruled for tenant, found that he was rent stabilized, and referred the matter to a referee to determine the amount...

Court to Set Amount of Monthly Use and Occupancy Based on DHCR Determination of Legal Rent

August 12, 2019    

Landlord sued tenants for ejectment and to recover damages for use and occupancy. The court ruled for landlord in part, entering a default judgment against tenants, but denied landlord's request for prospective...

Landlord Can Seek Eviction of Loft Tenant Due to Chronic Nonpayment of Rent

July 23, 2019    

Landlord sued to evict loft tenant for chronic nonpayment of rent. Tenant asked the court to dismiss the case without trial. Landlord, in turn, asked the court to rule in its favor without trial. Tenant claimed that...

Does Rent-Stabilized Tenant's Daughter Have Succession Rights?

July 23, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant opposed landlord's claim. Alternatively, tenant's daughter claimed succession rights. Landlord asked the court to rule on tenant...

Tenant's Unnotarized Affirmation Was Defective

July 23, 2019    

Landlord sued tenant, who asked the court to dismiss the case without trial. The court ruled against tenant due to a defect in his court papers. Tenant appealed and lost. Although tenant could submit to the court an...

Landlord Proves Tenant Spent Most of Her Time at Bronx House

July 23, 2019    

Landlord sued to evict rent-controlled tenant from Manhattan apartment for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Evidence showed that the majority of significant activity...

Tenant Presents No Potential Defense to Vacate Default in Eviction Case

July 23, 2019    

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord at an inquest after tenant failed to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled...

Tenant Gets Attorney's Fees After Landlord Discontinues Eviction Case

July 23, 2019    

Landlord sued to evict tenant for creating a nuisance. Landlord later discontinued the case without prejudice in order to avoid a court-ordered traverse hearing based on tenant's claim of improper service of...