Landlord v. Tenant

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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 the apartment with his roommate at the same time. The ALJ dismissed the violations after a hearing.

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 in October 2013 sued landlord and HPD, claiming that the violations hadn't been corrected.

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 accessibility. Landlord had altered the building between 2001 and 2004. The ALJ ruled against landlord and fined him $800.

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 the wall and ceiling of a fourth-floor apartment. All stairs and platforms were leaning out of plumb.

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 to vacate the settlement agreement. He was now represented by an attorney for the first time.

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.

DOB Violations: Landlord Can't Do Decorative Repairs While Full Stop-Work Order in Effect

DOB issued a violation notice to landlord for continuing work despite the issuance of a stop-work order (SWO). The notice described the violation as "work in progress at front; enlargement of dwelling contrary to stop work order," dated Sept. 6, 2012. A prior violation cited landlord for work without a permit based on the addition of an extension to the front of the building at the second floor. The prior violation notice also contained a full SWO dated Aug.

DOS Violations: Landlord Didn't Make Reasonable Efforts to Keep Curbline Clean

DOS issued a violation notice to landlord for failing to clean 18 inches into the street in front of his building. DOB's inspector noted that she observed bottles, napkins, paper bags, food containers, and juice boxes accumulated and matted within the curbline at 8 a.m. on a January morning. Landlord argued that the building was a three-family house on a street with heavy pedestrian traffic and that his wife cleaned as needed whenever she saw debris.

Discrimination: Landlord Fined $185,000 for Not Accommodating Wheelchair-Bound Tenant

Disabled tenant complained to the New York City Commission on Human Rights (CHR) that landlord failed to provide a reasonable accommodation, in violation of the city’s Human Rights Law. Tenant was permanently wheelchair-bound following a car accident. She lived in a first-floor apartment in Astoria. Her husband or someone else had to carry her up and down the five stairs between the first floor and the building lobby whenever she went in and out.