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2 Riverside Drive LLC v. Truth
Get PDFThe landlord sued the tenant for unpaid rent from October 2021 through August 2023. The court granted the landlord\u27s motion for default judgment against the tenant for 20,000 and required further documentation
Rock-Park 94 LLC v. CAMBA, Inc.
Get PDFThe court dismissed the landlord\u27s complaint seeking a declaratory judgment that the premises were not rent stabilized, ejectment of the tenant CAMBA Inc., use and occupancy, and attorneys\u27 fees. The court found the premises were subject to rent stabilization as the landlord\u27s claimed exemptions were invalid. The waiver of rent stabilization in the lease was contrary to law and unenforceable. Without a proper termination notice under the Rent Stabilization Code, the ejectment claim failed. The ancillary claims for use and occupancy and fees were also dismissed
LESMHA LP v. Vasquez
Get PDFThe landlord commenced a holdover proceeding against the tenant for failure to renew a rent-stabilized lease. The court dismissed the petition, finding the premises were not subject to rent stabilization based on regulatory agreements requiring income-based rents set by DHCR, not RGB orders. The tenant\u27s counterclaim for rent overcharge was also dismissed as rent stabilization was inapplicable. While the tenant had renewed prior leases on rent-stabilized forms, the parties cannot agree to rent regulatory status contrary to the statutory criteria. The court declined to apply collateral estoppel from prior proceedings due to lack of documentation establishing identity of issues
Barrett Japaning, Inc. v. Bialobroda
Get PDFIn consolidated holdover proceedings against a tenant for illegal subletting, the appellate court affirmed the trial court\u27s dismissal of the petitions after finding the landlord unreasonably withheld consent to the tenant\u27s requests to sublease the market rate premises. The court rejected the landlord\u27s arguments that a prior finding of reasonable refusal to sublet barred relitigation under law of the case or res judicata doctrines, as the conduct at issue was different
71 Washington Place Owners, Inc. v. Resnicow
Get PDFThe court reached three decisions in this case. 3/3. The landlord sought to evict the tenant due to repeated instances of objectionable conduct, including verbally assaulting other shareholders and staff, trespassing, and engaging in disruptive behavior. The court ruled in favor of the landlord, finding that the decision to terminate the lease was protected by the business judgment rule and that the tenant failed to demonstrate bad faith or discrimination on the part of the landlord. Key Legal Points: Courts will generally defer to decisions made by boards of directors in business settings; shareholders have a right to expect reasonable behavior from other shareholders; and cooperatives have broad discretion to make decisions about the management of their buildings
Jemrock Realty Co., LLC v. Sternberg
Get PDFLandlord sued tenants (son and daughter-in-law of deceased tenant) claiming they didn\u27t qualify for succession due to frequent absences from the apartment. Court denied landlord\u27s motion for summary judgment, finding issues of fact regarding primary residence and excusable absences require a trial. Additionally, the younger tenant didn\u27t qualify for the senior citizen co-occupancy exception. Key points: 1) Tenants seeking succession must prove primary residence. 2) Temporary absences may be excusable. 3) Disabled person exception requires proof of major life activity limitation. 4) Senior citizen co-occupancy only applies to tenants 62 or older at the original tenant\u27s death
Shu Ming Wang v. Moises
Get PDFWang v Moises is a Holdover-Lease Expiration case in the Civil Court of the City of New York, Kings County. The landlord sought possession of the property alleging lease expiration, while the tenants argued for de facto rent stabilization due to a disputed sixth unit in the basement. The court, after weighing evidence including testimony and documents, found in favor of the landlord, ruling that the basement did not constitute a separate housing unit and thus denying the tenants\u27 rent stabilization claim. The court also upheld the validity of the termination notice issued by the landlord. This judgment highlights the importance of proving the existence of additional housing units for rent stabilization purposes and the burden of proof placed on the landlord in such cases
99 Randall Ave. Owners Corp. v. Strong
Get PDFLandlord terminated tenant\u27s lease in a cooperative building for objectionable conduct. Tenant challenged termination and asserted counterclaims. Court ruled in favor of landlord, finding they acted in good faith and within their authority. Tenant actions to enforce their rights were not in good faith, defeating retaliatory eviction claims. Key points: 1) Cooperatives have broad discretion in terminating tenancies, but must act in good faith. 2) Tenants challenging termination must overcome presumption board acted properly. 3) Actions to enforce lease rights must be in good faith for retaliatory eviction claims
GENAO v. CHEN
Get PDFThe case involves a tenant petitioning for correction of violations of the Housing Maintenance Code (HMC). Following a Consent Order to Correct (OTC), the tenant filed an Order to Show Cause (OSC) seeking to restore the matter to the calendar for various relief, including penalties for non-compliance with the OTC. Despite service, the respondent failed to appear, leading to an inquest where the tenant provided evidence of non-compliance with the OTC. The court found the respondent in civil contempt for failing to correct a specific violation, ordering fines and potential incarceration if contempt was not purged within a specified time frame. The decision highlighted the court\u27s authority to penalize disobedience to lawful orders and emphasized the importance of compliance with court mandates in housing maintenance cases