New York Landlords Charged with Discriminating Against Vet with Disabilities:  The U.S. Department of Housing & Urban Development has charged two Poughkeepsie, NY-area landlords with violating the Fair Housing Act for allegedly refusing to allow a Vietnam-era veteran suffering from Post-Traumatic Stress Disorder to have a t...  Read More  03/05/2010 12:12 PM

Atlantic Yards Complex Gets Green Light:  Following a court rejection of a legal challenge, developers of the massive Atlantic Yards Residential, Retail and Sports complex in Brooklyn are ready to launch the project. First on the list is construction of Barclays Center arena, the new home pf...  Read More  03/05/2010 12 PM

Tenants Win New Trial Because Court Refused To Consider Mitigation Claim:  Lesson: Landlords have an obligation to mitigate their damages in breach of lease cases by attempting to find a replacement tenant as soon as possible. The tenants in this case have evidence their landlords quickly replaced them but the landlords cl...  Read More  03/02/2010 3:01 PM

Landlord Wins Second Chance To Prove Damages Against His Tenant:  Lesson: The landlord lost the case initially because of his poor bookkeeping skills and an impatient judge. Landlords are entitled to withhold funds from security deposits to pay for damages caused by tenants that are beyond normal wear and tear and ...  Read More  03/02/2010 2:57 PM

Unruly Tenant Is Evicted After Violating Terms Of His Settlement Agreement:  Lesson: Courts will enforce stipulations and other settlement agreements that are fair to both parties because courts want to encourage litigants to settle their disputes prior to their trial dates. The tenant's attorneys and guardian signed off on ...  Read More  03/02/2010 2:53 PM

Landlord Loses Case Because Her Employee Could Not Testify On Her Behalf:  Lesson: The landlord should have attended the small claims court with her property manager or removed the case from small claims court and had her attorney handle the matter. The rules of evidence are often "relaxed" in small claims court, and it al...  Read More  03/02/2010 2:48 PM

NY Tenants Mobilize For Buyout:  In the turmoil surrounding the financial collapse of the mammoth Stuyvesant Town-Peter Cooper Village affordable housing complex in New York City, tenants mobilize in an effort to purchase the apartments from the lender holding the defaulted mortgage.  Read More  02/26/2010 12:21 PM

Tenant Overcharges Subtenant, But Will Not Be Evicted As A Result:  Lesson: A tenant overcharged his subtenant but quickly cured the overcharge, and the landlord cannot evict him. The landlord probably acted as quickly as it could; but since the issue was resolved, the court refused to evict the tenant -- which may ...  Read More  02/19/2010 08:55 AM

Bankrupt Tenant's Attorney To Pay Sanctions For Delaying Eviction:  Lesson: The landlord had to wait nearly 18 months to evict a tenant who filed bankruptcy but was not entitled to the automatic stay protections. The landlord may have been able to seek an order in the first Chapter 13 case to allow the eviction befor...  Read More  02/19/2010 08:50 AM

Landlord To Pay Punitive Damages To Tenant Over Security Deposit Dispute:  Lesson: The landlord made up his own rules and must pay double damages, attorney's fees, and punitive damages. The landlord disregarded the move-in condition report and ignored the housing authority's order to replace a major appliance and must pay ...  Read More  02/19/2010 08:45 AM