Landlord v. Tenant

RSS

Primary Residence: Tenant Must Submit to Independent Medical Exam

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Landlord claimed that tenant lived in New Jersey and sublet the apartment without landlord’s permission. Tenant claimed that he was away from the apartment temporarily for medical reasons and that landlord was retaliating against him based on tenant’s rent overcharge complaint. Landlord asked the court for per...

Demolition: Landlord’s Demolition Application Denied

Landlord asked the DHCR for permission to terminate one rent-stabilized and four rent-controlled tenancies in order to demolish the building tenants lived in. Landlord claimed that the apartments were uninhabitable, that a new building it planned to construct on the site would contain 20 percent more units, that landlord couldn’t presently earn 8.5 percent annual net return on the building’s ...

Demolition: Building Code Changes Required Changes to Demolition Plan

Landlord asked the DHCR for permission to refuse renewal of rent-stabilized tenants’ leases based on its intent to demolish the building. The DRA ruled against landlord, finding that it didn’t have the required architectural plans or proof of financial ability to complete the project, and that landlord didn’t proceed in a timely manner.

DOB Violations: Tenant's Rental to Tourists Violated Building Code

DOB issued violation notices to landlord for operating an apartment building for transient use, as well as related violations of sprinkler, egress, and fire alarm regulations based on the building's use for transient occupancy. At a hearing before the ALJ, a tenant testified that he had rented portions of his four-bedroom apartment to boarders through Airbnb, but claimed that he occupied ...

Pets: Tenant Must Walk Dog Outside with Leash and Muzzle

Landlord sued to evict tenant for keeping a dog and cat in his apartment in violation of his lease. Landlord and tenant signed a settlement agreement in court. Landlord agreed that tenant could keep his pets if tenant walked the dog off-premises with a leash and muzzle and cleaned up after the dog. A few months later, tenant asked the court to vacate the agreement. The court ruled for tenant.

Building Violations: Displaced Tenants Sue Landlord and HPD for Relocation Costs

In November 2012, HPD inspected landlord's building and issued three Class "I" violations, which directed tenants to vacate their apartments. These orders followed prior HPD violations that were placed on these apartments. The vacate orders were based on conditions that included structural instability, sagging floors, and cracking plaster walls. Tenants moved out, and ...

DOB Violations: Landlord Didn't Add Handicap Ramp During Alterations

DOB issued a violation notice to landlord for failing to provide building access to people with disabilities. The violation stated that there was no ramp at the front entrance of the building. Landlord claimed that no ramp was needed because no handicapped people lived in the building. DOB argued that any major alteration of the building after 1987 required front entrance handicap accessibi...

DOB Violations: Building Staircase Leaning Out of Plumb

DOB issued a violation notice to landlord for failing to maintain its building in a code-compliant manner. DOB's inspector reported that the staircase from the fourth floor to the roof was leaning out of plumb. The stringer, which supports stair treads and risers, was separating from the wall. Stringers weren't attached to the headers. There were cracks in walls and ceilings in the hallways, and in ...

Eviction: Court Vacates Settlement After Landlord Renews Tenant’s Lease

Landlord sued to evict elderly rent-stabilized tenant in 2009, claiming that tenant refused access to the apartment to exterminate bedbugs. Landlord and tenant signed a settlement agreement in court. Tenant agreed to give access but also agreed to move out in 2012. The agreement gave landlord a judgment of possession and an eviction warrant was issued. In 2012, tenant asked the court t...

Each month our sister publication, New York Landlord v. Tenant, summarizes approximately 60 decisions by the courts and the Division of Housing and Community Renewal (DHCR) involving owners and tenants. In this Special Issue, we’ll take a look at the year’s most important decisions so far, and how owners should be prepared to respond if they find themselves in similar circumstances.