Landlord v. Tenant

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...

Landlord v. Tenant: November 2016

October 7, 2016    

MAJOR CAPITAL IMPROVEMENTS

Contractor Mobilization Costs Included in Approved MCI Costs

Landlord applied for MCI rent hikes based on the installation of new cooling towers, oil to gas conversion, and tank abandonment. The DRA ruled for landlord in part, disallowing $100,000 in...

Landlord v. Tenant: October 2016

September 23, 2016    

Major Capital Improvements

MCI Rent Hike Granted for Building-Wide Carpet Installation

Landlord applied for MCI rent hikes based on building-wide carpet installation. The DRA ruled for landlord, and tenants appealed. Tenants argued that carpet was previously installed in 1995...

Landlord v. Tenant: September 2016

August 19, 2016    

MAJOR CAPITAL IMPROVEMENTS

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...