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DOH Violations: Mouse Droppings in Apartment Show Pest Harborage Violation
DOHMH issued a violation notice to landlord for failing to keep the premises free of pests and conditions conducive to pests. The issuing officer observed fresh mouse droppings in an apartment, on the kitchen window sill, inside the kitchen sink and cabinet, and on the floor along the baseboard in the living room. Landlord claimed that it didn't get notice of the complaint leading to ...
Discrimination: Landlord Needn't Make Premises Handicapped Accessible
Tenant, a disabled veteran, sued landlord in federal court, claiming that areas of his apartment and the apartment complex were inaccessible to him due to his disability. He also claimed discrimination under the Americans with Disabilities Act. Landlord asked the court to dismiss the case, claiming that it was in compliance with any applicable laws.
Former tenant sued landlord to recover a security deposit and late fee payments totaling $5,000. Landlord claimed that tenant owed $1,944 in back rent. Tenant showed that he had paid a security deposit of $3,080 and late fees of more than $2,000 under a lease clause assessing a penalty of 10 percent of tenant's rent. The court ruled for tenant and against landlord. Landlord appealed and lost. The court's decision provided sub...
Landlord's Negligence: Landlord Not Responsible for Attack on Tenant's Boyfriend
Tenant's boyfriend sued landlord and the contractor who maintained the building's intercom system for negligence after he was attacked in tenant's apartment by tenant's two adult sons. One son lived in the apartment with tenant. The other had moved out in 2003 when NYCHA permanently barred him from entering the development because he had shot someone in a nei...
DOS Violations: Ignorance of Mattress Disposal Requirement No Excuse
DOS issued a violation notice to landlord for improper disposal of bedding. The DOS inspector found a mattress placed out for trash collection that wasn't in a securely sealed bag. Landlord said he didn't know about this requirement. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Effective Dec. 3, 2010, 16 RCNY 1-04.1 clearly requires any person disposing...
Landlord's Negligence: Tenant Attacked and Robbed in Building
Tenant sued landlord for negligence after she was attacked and robbed in landlord's building. Landlord claimed that it wasn't responsible because the attack wasn't foreseeable, and asked the court to dismiss the case without a trial. The court ruled against landlord.
Landlord Must Pay Tenant $3,900 for Bedbug Infestation Damage
Mitchell-Lama co-op tenant sued landlord cooperative corporation, seeking reimbursement after she hired an exterminator to rid her apartment of bedbugs. Tenant claimed that landlord was responsible for her loss of personal property. Among other things, tenant's exterminator...
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