Landlord v. Tenant

Landlord v. Tenant: September 2016

August 19, 2016    


Tenant Refused Access for Window Installation

Landlord applied for MCI rent hikes based on building-wide installation of new windows. The DHCR ruled for landlord. One tenant filed an Article 78 appeal, claiming that the DHCR’s decision was...

Landlord v. Tenant: August 2016

July 13, 2016    

Landlord’s Negligence: Landlord Not Responsible for Shooting of Two Tenants in Vestibule

Tenant and the family of another tenant sued landlord for negligence after they were shot in the building’s public vestibule. One of the tenants died. Landlord asked the court to dismiss...

Landlord v. Tenant: July 2016

June 23, 2016    

Alterations to Apartments: Landlord Can Evict Tenants If They Don’t Remove Washing Machine

Landlord sued to evict rent-stabilized tenants for keeping and using a washing machine in their apartment, in violation of their lease. Landlord and tenants, each represented by attorneys,...

Landlord v. Tenant: June 2016

May 26, 2016    

Discrimination: Court Revokes Damages Awarded to Disabled Tenant

Disabled tenant complained to the New York City Commission on Human Rights (CHR) that landlord failed to provide a reasonable accommodation, in violation of the city’s Human Rights Law. Tenant was permanently...

Landlord v. Tenant: Recent Sublet Rulings

May 10, 2016    

Court Dismisses Roommate’s Claim of Illusory Tenancy

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant lived and worked in Switzerland, and that she had sublet the apartment to an occupant without landlord’s permission. The...

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...