PROCEDURE-COURT

Court Joins DSS to Eviction Case to Expedite Rent Assistance to Tenant

June 27, 2023    

Landlord sued to evict tenant for nonpayment of rent. The court assigned a guardian ad litem to assist tenant, determined to be a person not able to effectively defend his rights or protect his interests. By then,...

Failure to Use Notice of Petition Form Required Since 2019 Was Fatal Defect

May 23, 2023    

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant asked the court to dismiss the case, claiming that landlord used an outdated notice of petition form, failed to exercise reasonable...

Tenant Appeal of OTDA's Denial of ERAP Assistance Must Be Filed in Albany County

May 23, 2023    

A shareholder tenant in a co-op building applied for ERAP rental assistance from New York's Office of Temporary and Disability Assistance (OTDA). The co-op supported tenant's application. OTDA ruled that...

Landlord Can't Seek Eviction for Nonpayment of Rent After Lease Expired

May 23, 2023    

Landlord sued to evict tenant for nonpayment of rent after tenant's lease had expired. The court dismissed the case. Tenant had continued to pay rent after the lease expiration but then stopped paying. Under Real...

Tenant Didn't Prove an Appeal of OTDA's Denial of Assistance Was Pending

May 23, 2023    

Landlord sued to evict tenant for nonpayment of rent. The case was later stayed automatically when tenant filed an ERAP application for rental assistance. Landlord later asked the court to vacate the ERAP stay. By...

Court Refuses to Lift ERAP Stay

May 23, 2023    

Landlord sued to evict tenant for nonpayment of rent. The case was automatically stayed after tenant filed an ERAP application with the state Office of Temporary and Disability Assistance (OTDA) in September 2021....

Landlord Didn't Properly Name Occupants in Nonprimary Residence Eviction Case

May 23, 2023    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The tenant was a nonprofit organization that provided supportive housing to adults with mental disabilities. Landlord also named "John Doe...

Eviction Proceeding Dismissed Because Landlord Had Accepted ERAP Funds Less Than One Year Earlier

April 26, 2023    

Landlord sued to evict tenant of a small building with two apartments over a storefront. At trial, neither landlord nor tenant were represented by attorneys. It was undisputed that in November 2021, OTDA issued, and...

Landlord Amended Eviction Petition Based on Nonpayment After Tenant Moved Out

April 26, 2023    

In March 2021, landlord sued to evict tenant for unpaid rent. It was undisputed that tenant thereafter surrendered possession of the property on June 2, 2021. In July 2021, landlord amended his court petition,...

Court Denies Landlord's Request to Lift ERAP Stay in Nonpayment Proceeding

April 26, 2023    

Landlord sued to evict tenant for nonpayment of rent in December 2019.  in February 2020, the parties, both represented by attorneys, signed a so-ordered settlement stipulation for $10,297 in back rent with...

ERAP Stay of Nonpayment Proceeding Applies to Section 8 Tenant

April 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's rent was subsidized through NYSHC's Section 8 Housing Choice Voucher Program. After the case was commenced, tenant filed an ERAP...

Court Strikes Tenants' Untimely Jury Demand in Eviction Case

March 27, 2023    

Landlord sued to evict tenants after terminating their month-to-month tenancy by 90-day notice. At some point, tenants filed a jury demand for trial. Landlord claimed that the demand was untimely and asked the court...