EVICTION

NYCHA Can Evict Tenant for Chronic Nonpayment of Rent

November 28, 2016    

NYCHA decided to terminate tenancy based on tenant’s chronic nonpayment of rent. Tenant filed an Article 78 court appeal, claiming that NYCHA’s decision was arbitrary and unreasonable. The court ruled...

Family of Former NYCHA Resident Police Officer Gets Extra Time to Move Out

November 27, 2016    

Landlord NYCHA sued to evict employee resident police officer’s lease after his employment was terminated. Landlord, the employee, and employee’s wife signed a settlement agreement. Employee and his wife...

Tenant Claimed Advance Rent Payment Was Made While He Traveled

November 22, 2016    

Landlord sued to evict rent-controlled tenant for nonpayment...

Tenant Claims Marshal Didn't Deliver 72-Hour Notice

October 28, 2016    

Landlord sued to evict tenant after tenant failed to sign a rent-stabilized renewal lease. Tenant signed a settlement agreement in court promising to pay $12,000 in rent arrears and to move out by Sept. 30, 2010. The...

Schizophrenic Tenant Evicted Despite DSS Attempts to Reinstate Her

October 28, 2016    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $26,000 for two years’ rent. The court ruled for landlord based on tenant’s default and the marshal notified DSS that tenant...

Landlord Illegally Locked Hospitalized Tenant Out of Apartment

October 25, 2016    

Tenant sued landlord, claiming that he was illegally locked out of his apartment. Tenant asked to be restored to possession. Landlord claimed that tenant had abandoned the apartment before March 2016 and that...

HPD Properly Gave Landlord Certificates of Eviction

October 25, 2016    

Mitchell-Lama tenants filed an Article 78 court appeal of decisions by HPD to grant landlord’s applications for certificates authorizing eviction proceedings against tenants. The court ruled against tenants and...

Court Refuses to Evict Tenant Whose Barred Son Returned to Get Possessions

September 23, 2016    

Landlord sued to evict tenant based on the sale of narcotics by tenant’s son at the building. Landlord and tenant signed a settlement agreement in which tenant agreed that the son would move out immediately and...

Landlord Rerented Apartment and Disposed of Tenant's Possessions Despite Contrary Court Order

August 18, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant admitted she owed $4,600. The agreement gave landlord a judgment of possession. Tenant twice...

Supportive Living Program Resident Restored to Possession

August 18, 2016    

Former resident sued his housing program operator and building owner after he was evicted and sought to be restored to possession. Acacia Network operated a licensed supportive living program facility at the building...

Settlement Agreement Vacated Based on Tenant's Excusable Default

August 18, 2016    

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant was evicted after failing to appear in court. Landlord and tenant  then signed a settlement agreement in court which gave tenant...

Did Schizophrenic Tenant Knowingly Permit Son’s Drug Activities?

August 17, 2016    

Landlord sued to evict tenant based on illegal activities at the apartment. The trial court ruled for landlord, and tenant appealed. The appeals court ruled that the case should be reopened. Landlord proved that the...