Landlord v. Tenant

Landlord v. Tenant: April 2021

March 19, 2021    

EVICTION

Court Must Delay Eviction Under COVID Emergency Law

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, issued an eviction warrant, but delayed execution on the warrant until Jan. 1, 2021, based on the 2020 Tenant Safe Harbor Act....

Landlord v. Tenant: March 2021

February 19, 2021    

BUILDING VIOLATIONS

Court Conducts Virtual Inspection of Tenant’s Apartment

Tenant sued landlord in housing court, claiming various apartment conditions required repair. HPD inspected the unit and issued violations. Landlord agreed to abate the violations and agreed upon...

Landlord v. Tenant: February 2021

January 22, 2021    

EVICTION

Court Issues Eviction Warrant Under DRP 213 for Pre-Pandemic Case

Landlord sued to evict tenant for nonpayment of rent in October 2019. Landlord and tenant, represented by an attorney, signed a settlement agreement in December 2019. Tenant agreed to pay back rent due,...

Landlord v. Tenant: September 2020

August 26, 2020    

MAJOR CAPITAL IMPROVEMENTS

Landlord Gets MCI Rent Hike for Building-Wide Carpet Installation

Landlord applied for MCI rent hikes based on new carpeting installed throughout the building. The DRA ruled for landlord. Tenants appealed, and the DHCR denied their petition for...

Landlord v. Tenant: April 2020

March 19, 2020    

PASSING ON APARTMENTS

Rent-Stabilized Tenant’s Daughter Forged Tenant’s Name on Renewal Leases

Landlord sued to evict rent-stabilized tenant and his daughter. Landlord claimed that tenant left the apartment in 2004 and began living elsewhere, without notifying...

Landlord v. Tenant: March 2020

February 20, 2020    

LANDLORD’S NEGLIGENCE

Landlord Not Required to Inspect Smoke Detector

Tenant sued landlord after he was injured during a fire in his apartment. Tenant claimed that landlord failed to provide an operable smoke detector because it didn’t regularly inspect the smoke...

Landlord v. Tenant: January 2020

December 17, 2019    

RENT OVERCHARGE

No Overcharge Where Tenant Paid Less Than Legal Regulated Rent

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming fraud by landlord. The DHCR ruled against tenant, who then filed...

Landlord v. Tenant: December 2019

November 12, 2019    

MAJOR CAPITAL IMPROVEMENTS

MCI Increase Granted for New Garage Roof that Doubled as Courtyard  

Landlord applied for MCI rent hikes based on the installation of a new garage roof that functioned as a courtyard. The DRA ruled for landlord but disallowed the costs of...

Landlord v. Tenant: November 2019

October 11, 2019    

DISCRIMINATION

Landlord Must Accept Section 8 Vouchers

The NY Attorney General sued landlord and sought an injunction barring landlord from not accepting federal housing subsidized vouchers as a form of rent. The AG claimed that landlord’s refusal to accept the vouchers...

Landlord v. Tenant: October 2019

September 19, 2019    

RENEWAL LEASES

Rent-Stabilized Tenant Can’t Add Son to Parking Space Lease

Rent-stabilized tenant filed a lease violation complaint. Tenant claimed that landlord refused to offer a renewal lease for parking spaces on the same terms and conditions as contained in the...

Landlord v. Tenant: September 2019

August 22, 2019    

OWNER OCCUPANCY

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Landlord v. Tenant: August 2019

July 29, 2019    

LEAD PAINT

Landlord Held in Contempt with Daily Fines for Lead Paint Violations

Tenant sued landlord, seeking correction of Housing Maintenance Code violations. The court directed landlord to cure lead paint violations in the apartment, where tenant lived with a child under the...