Landlord v. Tenant

Landlord v. Tenant: April 2016

March 18, 2016    

Landlord’s Negligence: Landlord Not Responsible for Scalding Shower Water

Tenant sued landlord and its heating service provider following injuries suffered when she was scalded by hot water when showering. Both landlord and the heating service provider asked the court to dismiss...

Landlord v. Tenant: February 2016

January 22, 2016    

DOS Violations: Religious Holiday Observance Doesn't Excuse Placing Trash Cans Out Too Early

DOS issued a violation notice to landlord for placing trash cans out too early for the following day’s collection. Landlord opposed the violation, but the ALJ fined him $100. Landlord...

Landlord v. Tenant: January 2016

December 18, 2015    

Fire Department Violations: Landlord Proves Sprinkler System Flow Test Was Timely

The Fire Department issued a violation notice to landlord for failing to arrange for a performance flow test of the building’s residential sprinkler system in the presence of a Fire Department...

Landlord v. Tenant: November 2015

October 21, 2015    

Rent Reduction Denied: No Rent Reduction Where Elevators in Service on Inspection Date

Tenant complained of a reduction in building-wide services. She claimed that there was limited or no elevator service at the building. The DRA ruled against tenant after inspection showed that the two...

Landlord v. Tenant: October 2015

September 22, 2015    

Rent Overcharge: Four-Year Rule Applied to Overcharge Claim

(Decision submitted by David B. Cabrera of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord v. Tenant: September 2015

August 26, 2015    

Landlord’s Negligence: Landlord Had No Notice Before Pipe Burst

Tenant sued landlord and its managing agent in small claims court for water damage to her property caused by a broken pipe in her apartment building. The court dismissed the case against the managing agent, finding...

Landlord v. Tenant: July 2015

June 30, 2015    

Eviction: Tenant Didn’t Comply with Requirements for New Keycard

Tenant sued landlord for illegal lockout. She claimed that landlord didn’t give her keycards to the new locks that had been installed on the entry doors solely because she had refused to provide landlord with a...

Recent High-Income Deregulation Rulings

May 11, 2015    

Here are some DHCR rulings from the past year that illustrate some of the points made about the high-income/high-rent deregulation process in this special issue.

Landlord v. Tenant: November 2014

November 12, 2014    

Discrimination: Tenant Claims Therapy Dog Needed as Treatment for Disability

Landlord sued to evict tenant who kept a dog in violation of his lease and didn't remove the dog after landlord sent tenant a notice to cure. Tenant then complained to the State Division of Human Rights (...

Landlord v. Tenant: October 2014

September 22, 2014    

Rent Stabilization: Building Substantially Rehabbed Was Exempt from Stabilization

Landlord sued to evict an unregulated tenant. Tenant claimed that he was subject to rent stabilization. The trial court ruled for landlord. Tenant appealed and lost. Landlord showed that prior landlord...

Landlord v. Tenant: September 2014

August 21, 2014    

Alterations to Apartments: Tenant Renovated Bathroom Without Landlord’s Permission

Landlord sued to evict rent-stabilized tenant for creating a nuisance and for violating his lease by performing unauthorized alterations. Landlord claimed that tenant demolished the apartment’...

Landlord v. Tenant: August 2014

July 25, 2014    

Primary Residence: Tenant Must Submit to Independent Medical Exam

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Landlord claimed that tenant lived in New Jersey and sublet the apartment without landlord’s permission. Tenant claimed that he was away...

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