Landlord v. Tenant

Landlord v. Tenant: March 2013

February 22, 2013    

DOS Violations: Landlord’s Incapacity Doesn’t Excuse Violations

DOS issued 24 violations to landlord between August 2007 and May 2010 for failing to separate recyclables from other trash, improper storage of receptacles, failing to keep the sidewalk in front...

Landlord v. Tenant: February 2013

January 24, 2013    

DOH Violations: Landlord Responsible for Condition Yielding Mosquitoes

DOHMH issued a violation notice to landlord after finding a large container next to his building that held standing water and organic material. DOHMH claimed that this condition was conducive to the...

Landlord v. Tenant: January 2013

December 19, 2012    

DOB Violations: Landlord Exempt from Filing Local Law 11 Report

DOB issued a violation notice to landlord for failing to file an amended report to confirm the correction of unsafe building facade conditions described in the initial report he filed under Local Law 11 of...

Landlord v. Tenant: December 2012

November 26, 2012    

Attorney's Fees: Tenant Gets Attorney's Fees in Discrimination Case

Prospective tenant, a 45-year-old disabled man with AIDS, sued a real estate broker for housing discrimination after it refused to show him any apartments. Tenant had disclosed that he had a...

Landlord v. Tenant: November 2012

October 23, 2012    

Discrimination: Preliminary Injunction to Reinstall Building Ramps Denied

Disabled tenants sued landlord for violations of the federal Fair Housing Act and New York State Fire Prevention and Building Code. They claimed that landlord improperly removed wheelchair ramps...

Landlord v. Tenant: October 2012

October 10, 2012    

Discrimination: Landlord Discriminated Based on Sexual Orientation

Tenant complained to the state Division of Human Rights (DHR) of housing discrimination based on sexual orientation. The DHR ruled for tenant, awarded damages and fines, and then sued landlord to enforce...

Trial Required in Unauthorized Sublet Case

September 12, 2012    

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court granted tenant's request to dismiss the case without a trial. Landlord appealed, and the case was reopened. Tenant didn't prove that as a matter of law she intended to move back into the apartment as her...

Landlord Claims Illegal Sublet by Tenant's Sister

September 12, 2012    

Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant denied the claim and asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. Tenant showed that the supposed “subtenant” was in fact her sister, who had lived in the...

Tenant Maintained Primary Residence Despite Spending Nights at Girlfriend's

September 12, 2012    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant illegally sublet his apartment while living at his girlfriend's apartment more than half of the prior year. The court ruled against landlord after a trial. Tenant submitted many documents...

Tenant at Apartment Only Eight Days in Eight Months

September 12, 2012    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant lived at another Manhattan address with her boyfriend and young child, while subletting the apartment to a series of people. Tenant claimed that the other apartment occupants were her roommates,...

Tenant Didn't Cure Illegal Sublet

September 12, 2012    

Landlord sued to evict tenant for unauthorized subletting. The court ruled for tenant without a trial and dismissed the complaint. Landlord appealed and won, in part. Tenant claimed that he had cured the illegal sublet. But the subtenant remained in the apartment nearly two years after landlord...

Landlord Sent Defective Notices

September 12, 2012    

Landlord sued to evict tenant for subletting his apartment without landlord's prior written approval. Tenant asked the court to dismiss the case. He claimed that the notice to cure and termination notice sent by landlord failed to inform him of the reason for landlord's claim. The court...