NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Building Was Rent Stabilized Due to Sixth Apartment in Basement

June 20, 2019    

Landlord sued to evict tenant. Landlord claimed that tenant was unregulated because the building contained fewer than six apartment units. Tenant argued that the building contained six apartments, including one in...

Acceptance of Lease Renewal Offer by Tenant Waived Prior Lease Nonrenewal Notice

June 20, 2019    

Landlord sued to evict rent-stabilized tenant in order to recover apartment for owner occupancy. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord had offered tenant a...

When Did Tenant Who Died in Nursing Home Permanently Vacate Apartment?

June 20, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. Tenant's daughter moved into the apartment in 1988. Tenant was hospitalized in June 2007, then moved into a nursing home where she...

Rent Abatement of 85 Percent Reduced Substantially by Appeals Court

June 17, 2019    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord in part but gave tenant an 85 percent rent abatement for the 19-month period in dispute. Landlord appealed and won, in part....

Landlord Can't Evict Tenant for Unauthorized Alterations That Were Curable

June 17, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by making incurable illegal alterations to the apartment. The trial court ruled against landlord, finding that it failed to prove that the...

Building's Sixth Unit, Claimed Commercial, Was Used for Residential Purposes

June 17, 2019    

Prior landlord sued to evict tenant. Landlord claimed that tenant's apartment wasn't rent regulated because the building contained fewer than six residential units. At trial, landlord claimed that the...

Tenant Didn't Commit Nuisance by Cooking Lunches for Sale Outside Building

June 17, 2019    

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated a substantial obligation of his tenancy and created a nuisance by cooking 12 to 15 lunches six days week for sale outside of the building....

Landlord's Lease Nonrenewal Notice Stated Sufficient Grounds for Eviction Case

June 17, 2019    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The court denied landlord's request for pretrial questioning and granted tenant's request to dismiss the case. Landlord appealed,...

Pre-Trial Questioning Permitted to Determine Whether Apartment Was Properly Deregulated

June 17, 2019    

Landlord sued to evict tenant, claiming that apartment was exempt from rent stabilization based on high-rent vacancy. The court denied landlord's request for a ruling without a trial, and granted tenant's...

Landlord Can't Collect Unpaid Rent from Tenants

June 17, 2019    

Landlord sued to evict 19 tenants for nonpayment of rent. The trial court dismissed the cases because the building lacked a valid Certificate of Occupancy (C of O) and therefore tenants had a valid defense that no...

Landlord Can't Get Loft Tenant's Juror Records

June 17, 2019    

Landlord sued the court's commissioner of jurors, seeking disclosure of loft tenant's home and mailing addresses, as well as tenant's dates of jury service. The court ruled against landlord, who appealed...

40-Year Lease for Corporate Tenant Without Named Occupant in Rent-Stabilized Unit Was Void

June 17, 2019    

Landlord sued tenant and asked the court to declare that tenant's lease was illegal and void as against public policy. The court ruled for landlord, declared the lease void, terminated tenant's rights of...