EVICTION

Eviction Warrant Vacated After Guardian Appointed for Tenant

May 24, 2020    

Landlord sued to evict tenant for nonpayment of rent. The housing court appointed a guardian ad litem (GAL) for tenant. The parties signed a court-ordered settlement agreement in 2017, which included a money judgment...

No Illegal Lockout of Person Allowed to Live in Commercial Space

May 23, 2020    

Tenant sued someone he claimed was his landlord for illegal lockout. Since the court action took place during the COVID-19 public health emergency, the court denied tenant's request for a jury trial and instead...

Subtenant Illegally Locked Tenant's Son Out of Apartment

May 22, 2020    

In 2009, rent-stabilized tenant left her apartment for Antigua to care for her mother. She returned to the apartment frequently but, in the meantime, sublet the apartment for the past 20 years to a family friend. The...

Default Judgment and Eviction Warrant Against Incarcerated Tenant Vacated

May 22, 2020    

Landlord sued to evict tenant based on tenant's failure to restore his discontinued Section 8 rent subsidy. The court ruled for landlord based on tenant's default.

Super's Wife Who Isn't a Tenant Can't Claim Protection from Eviction as Domestic Violence Victim

April 27, 2020    

Landlord sued to evict the building super's wife from a basement apartment after sending her a 10-day notice to quit as a licensee. Landlord had allowed the building super to live in the apartment as an incident...

60-Day Termination Notice Required to End Month-to-Month Tenancy

April 27, 2020    

Landlord sued to evict a month-to-month tenant after sending a 30-day eviction notice. Tenant asked the court to dismiss the case, claiming that landlord improperly served a 30-day notice. Tenant claimed that, under...

Court Vacates Default Judgment Against Section 8 Tenant

April 21, 2020    

Landlord sued to evict project-based Section 8 tenant for nonpayment of rent. Tenant didn't appear in court, so the court awarded landlord a judgment of possession and a money judgment for $2,683. Tenant later...

Court Can't Stay Eviction of NYCHA Tenant

January 29, 2020    

Landlord NYCHA sued to evict tenant after a NYCHA hearing resulted in termination of her tenancy. The court ruled for landlord but permanently stayed issuance of an eviction warrant as an accommodation to tenant'...

Landlord Can Evict Tenant for Drug Trade Conducted in Unit

January 29, 2020    

Landlord sued to evict tenant for illegal use of his apartment. The trial court ruled for landlord. Tenant appealed and lost. During a lawful search of tenant's apartment, police recovered drugs and paraphernalia...

Evicted Tenant Showed No Good Cause to Be Restored to Possession

December 19, 2019    

Landlord sued to evict tenant based on failure to sign a rent-stabilized renewal lease. The court ruled for landlord, and tenant was evicted. Tenant later asked the court to restore her to possession and give her a...

Court Vacates Judgment and Eviction Warrant in Nonpayment Case

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court and tenant agreed to pay back rent by a certain date. The court later granted tenant...

Tenant Presented No Excusable Default to Vacate Eviction Warrant

December 16, 2019    

Landlord sued to evict tenant after NYCHA determined that tenant's chronic rent delinquency violated her lease. The court ruled for landlord after an inquest, but the warrant clerk denied landlord's request...