Dos & Don'ts, Q & A, In the News, Landlord v. Tenant

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 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...

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...

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...

Landlord's Refusal to Consent to Sublet Was Unreasonable

September 12, 2012    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Tenant asked the court to dismiss the case. Landlord had denied tenant's request to sublet for two years while she went to Florida to recuperate from cancer treatments. Landlord claimed that tenant bought a house in...

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...

No Proof of Unauthorized Sublet to Tenant's Brother

September 12, 2012    

Landlord sued to evict tenant for unauthorized subletting to tenant's brother. The court ruled for landlord. Tenant appealed and won. The informal occupancy arrangement between tenant and his brother was not proved to be an illegal sublet. There was no proof that the brother was obligated to...

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...

Defeating Overcharge Claims After Grimm Decision

August 31, 2012    

Don't wait till you're hit with a rent overcharge complaint to get your old lease files in order. That's the advice of New York City attorney Erez Glambosky, who warns, “Since the 2010 Court of Appeals decision in Grimm v. DHCR, if a tenant submits a ‘colorable...

Don't Block Access to Water Meters

August 31, 2012    

The Environmental Control Board (ECB) recently ruled that an owner could be fined for failing to maintain a water meter in a readily accessible area. Furthermore, the rules don't require the Department of Environmental Protection (DEP) to give an owner prior notice that a water meter will be...

Follow Proper Procedures for "No-Access" Inspection

August 31, 2012    

Be sure to follow the correct procedures to trigger a “no-access inspection.” By law, you're required to send two letters by certified mail, return receipt requested, at least eight days in advance of a proposed access date, before seeking a no-access inspection.

Landlord v. Tenant

August 31, 2012    

Discrimination: Landlord Discriminated Against Wheelchair-Bound Tenant

Disabled tenants, a couple, complained to the local Human Rights Commission (HRC) about landlord's disability discrimination. Tenants said that landlord refused to accommodate their disabilities, repeatedly...