EVICTION

Co-op Board Can Evict Shareholder Tenant for Creating Excessive Noise

December 20, 2017    

Landlord sued to evict co-op tenant shareholder for failing to cure proprietary lease violations by making or allowing disturbing or unreasonable noises in the building that interfered with the rights and comfort of...

Court Restores Evicted Tenant to Possession of Apartment

December 17, 2017    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default, and tenant was evicted. Tenant later asked to be restored to possession. The court ruled for tenant....

Tenant Showed No Good Cause to Be Restored to Apartment

December 17, 2017    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but the court later granted eviction of tenant. The court denied tenant's second request post-...

Landlord Improperly Sought Eviction of Section 8 Tenant

November 29, 2017    

Landlord sued to evict rent-stabilized tenant for violating a substantial obligation of his tenancy. Landlord claimed that tenant failed to maintain his Section 8 voucher after uncorrected hazardous conditions in...

Landlord Can't Sue to Evict Super's Roommate Without Also Adding Super to Case

November 29, 2017    

Landlord sued to evict a licensee occupant, who lived in one bedroom of the building super's basement apartment. The occupant had lived there over 10 years in a room that the super rented to him. The occupant...

Landlord Didn't Disclose Tenant's Mental Health Status

November 29, 2017    

Landlord sued to evict tenant for creating a nuisance by a continuing course of objectionable conduct. On the first court date, landlord and tenant signed a settlement agreement putting tenant on probation for a year...

No Landlord-Tenant Relationship Between Sisters

November 29, 2017    

A woman sued to evict her sister, claiming the sister was a licensee and no longer had permission to remain in the apartment. The court dismissed the case, and the woman sought to reinstate it. The woman pointed out...

Suspension of Tenant's Subsidy Due to Apartment Conditions Wasn't Grounds for Eviction

November 29, 2017    

Landlord sued to evict rent-stabilized, voucher-based Section 8 tenant for violating her lease. Landlord claimed that tenant caused apartment conditions that resulted in violations and termination of her Section 8...

Landlord Can Evict Low-Income Housing Tenant Who Didn't Report Income

November 27, 2017    

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.)

Appeals Court Reverses Order to Restore Tenant to Possession

November 20, 2017    

Landlord sued to evict unregulated tenant for nonpayment of rent. The parties signed a settlement agreement in court. Tenant agreed to pay the $8,000 rent arrears by a certain date or be evicted. Tenant was later...

Landlord Illegally Locked Tenant's Wife Out of Apartment

October 28, 2017    

Rent-stabilized tenant's wife sued landlord, claiming that she was illegally locked out of tenant's apartment. The court ruled for the wife and ordered landlord to restore her to possession. Landlord appealed...

Condo Tenant Illegally Locked Out Is Restored to Possession

September 28, 2017    

Condominium tenant sued landlord, seeking restoration to possession and claiming illegal lockout. Tenant left the apartment one morning, later came back, and found the locks changed and other people occupying the...