NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Rules That DHCR Should Decide Overcharge Claim

April 26, 2019    

Unregulated tenant sued landlord for rent overcharge and claimed improper deregulation of her apartment. Tenant moved into the apartment in May 2012 at a monthly rent of $3,900, and renewed her lease three times. The...

Ex-Wife Can't Get Rent-Stabilized Apartment

April 25, 2019    

Landlord sued to evict tenant for illegally subletting or assigning his rent-stabilized apartment. Tenant had moved out and sent landlord a letter surrendering his tenancy, although he didn't return the keys. The...

Lease Termination Notice to Disabled Tenant Fatally Defective

April 25, 2019    

Landlord sued to evict HUD Section 8 tenant for breaching his lease. Landlord claimed that tenant engaged in a pattern of conduct that adversely affected the health and safety of other building residents. This...

Landlord Not Responsible for Dog Bite at House Leased by Tenants

April 25, 2019    

A visitor to a house rented by tenants sued tenants and landlord for negligence after tenants' dog bit the visitor and injured her. Landlord claimed that he wasn't responsible for the visitor's injuries...

HPD's Violation Notice Concerning Heat/Hot Water Was Defective

April 23, 2019    

HPD sued landlord, seeking a court order requiring landlord to provide heat and hot water after a claimed outage. HPD also sought civil penalties. Landlord argued that HPD's violation notice was defective. The...

Landlord Fined $750 for "Second Season" Heat/Hot Water Violation

April 23, 2019    

HPD sued landlord, seeking civil penalties for failure to provide heat and hot water. Landlord didn't dispute that this was a "second season" violation but claimed that the violation notice was...

Court Inspects Tenant's Bathtub and Orders Correction of Violations

April 23, 2019    

Tenant sued landlord and HPD, seeking correction of certain apartment violations. The court conducted an inspection at tenant's apartment and found that the bathtub wasn't stable. The court stepped into the...

Landlord NYCHA Not Responsible for Attack on Visiting Nurse

April 23, 2019    

A visiting nurse sued landlord NYCHA after she was injured during an assault while visiting her patient tenant in the building. The nurse claimed that NYCHA didn't provide adequate security. The court denied...

NYCHA Tenant's Son Used Apartment for Drug Sales

April 23, 2019    

Section 8 tenant filed an Article 78 appeal of landlord NYCHA's decision to terminate her Section 8 subsidy. NYCHA terminated tenant's subsidy because her son used the apartment as part of his illegal drug...

Were IAIs Sufficient to Result in Vacancy Deregulation?

April 23, 2019    

Unregulated tenant sued landlord, claiming that he was rent stabilized and that his rent should be frozen at the legal regulated rent in effect when the apartment was last registered with the DHCR, and seeking...

Rent-Stabilized Tenant's Daughter Can't Get Apartment

April 23, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died in 2015. The daughter claimed succession rights to the apartment. The court ruled for landlord after trial. The daughter appealed and...

Did IAIs Raise Rent Above Deregulation Threshold?

April 23, 2019    

Vacancy-deregulated tenant sued landlord for rent overcharge and improper deregulation. The court ruled for tenant without a trial. Landlord appealed, and the case was reopened for further fact-finding. There were...