Landlord v. Tenant

Landlord v. Tenant: February 2018

January 26, 2018    

RENT STABILIZATION COVERAGE

Court Applies Law Retroactively to Find Apartment Was Improperly Deregulated

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant claimed that he was rent stabilized and had been overcharged. The court ruled for tenant....

Landlord v. Tenant: January 2018

December 20, 2017    

RENT

Landlord Can Evict Tenant for Chronic Nonpayment of Rent

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court that put tenant on probation. Tenant then failed to pay rent on time in June 2015 and didn...

Landlord v. Tenant: December 2017

November 28, 2017    

Passing on Apartments

No Proof Roommate Was in Family-Type Relationship with Tenant

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he had lived with tenant for 43 years in a nontraditional, spousal, family relationship, and...

Landlord v. Tenant: November 2017

October 19, 2017    

ACCESS

Tenant Repeatedly Refused Access to Landlord

Landlord sued to evict rent-stabilized tenant who repeatedly refused access for inspection and performance of repairs. The court ruled for landlord. Tenant appealed and lost. Tenant argued that the housing court didn't...

Landlord v. Tenant: October 2017

September 19, 2017    

DOB VIOLATIONS

Landlord Promptly Started Eviction Proceedings Against Squatters

DOB issued six violation notices to landlord, in connection with illegal building alterations contrary to the building’s Certificate of Occupancy. DOB’s inspector found that, among other...

Landlord v. Tenant: August 2017

July 27, 2017    

RENT OVERCHARGE

Landlord Not Required to Seek Lowest Cost for IAIs

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $89, including interest. Tenant appealed and lost. The DRA had calculated the legal rent based on a vacancy increase...

Landlord v. Tenant: July 2017

June 22, 2017    

LOFTS

Buyouts of Prior Loft Tenants Permanently Excluded Units from Rent Regulation

The Loft Board found that residential units in a building qualified as interim multiple dwellings (IMDs) under the Loft Law but weren’t subject to rent stabilization upon prior landlord...

Landlord v. Tenant: April 2017

March 17, 2017    

EXTERMINATION OF PESTS

Landlord Can Return to Court If Bedbug Treatment Tenant Requested Doesn’t Work

Landlord sued to evict tenant for unreasonably refusing access to the apartment in order to exterminate and remove bedbugs. Landlord’s termination notice stated...

Landlord v. Tenant: March 2017

February 17, 2017    

DEMOLITION

Landlord Must Pay Tenant Stipends and Relocation Costs

The DHCR directed landlord to pay tenants’ demolition stipends and relocation costs in connection with a building demolition. Landlord filed an Article 78 appeal, claiming that the DHCR’s decision was...

Landlord v. Tenant: February 2017

January 24, 2017    

PROCEDURE—COURT

Landlord Sufficiently Identified Apartment Occupant in Court Papers

Landlord sued to evict apartment occupants, claiming that they were licensees or squatters. One of the occupants asked the court to dismiss the case. He claimed that landlord failed to...

Landlord v. Tenant: January 2017

December 16, 2016    

Procedure—Court

Tenant Refused to Pay Use and Occupancy While Case Pending

Landlord sued to eject rent-stabilized tenant. In two separate orders, the court directed tenant to pay for past and current use and occupancy while the case was pending. When...

Landlord v. Tenant: December 2016

November 21, 2016    

Landlord’s Negligence

Landlord Responsible for Exterminating Bedbugs in Tenants' Apartment

Tenants sued landlord for negligence, claiming that landlord never eradicated a bedbug infestation in their apartment that began in 2012. Landlord claimed that...

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