EVICTION

Guardian Appointed for Evicted Tenant Seeking Reinstatement

May 18, 2016    

Landlord sued to evict tenant because tenant failed to provide access to landlord to make necessary repairs and correct two outstanding HPD violations. There was a Class “B” violation for excessive...

Landlord Didn't Keep Tenant from Re-occupying Apartment After Incarceration

May 17, 2016    

Tenant sued other apartment occupants and landlord, claiming breach of quiet enjoyment and wrongful eviction. Tenant had rented the apartment in 1979, and lived there with his girlfriend and their daughter. Landlord...

Court Vacates Eviction Warrant Against Tenant Who Paid Back Rent

April 26, 2016    

Landlord sued to evict 83-year-old tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which provided for a final judgment in landlord’s favor and issuance of an eviction...

Estate Can't Seek Eviction of Family Member in Surrogate’s Court

April 26, 2016    

Deceased landlord’s executor sought ejectment of tenant and two of tenant’s brothers from the premises. Tenant and one brother moved out. The other brother, who was deceased landlord’s son, asked...

Landlord's Eviction Case Against Adult Home Resident Was Procedurally Defective

April 26, 2016    

Landlord sued to evict adult home resident in housing court, whose occupancy was terminated for nonpayment of monthly fees. The court noted that Real Property Actions and Proceedings Law Sections 711 and 713 didn...

Landlord Improperly Performed Self-Help Eviction Against Halfway House Resident

April 26, 2016    

Former resident of a transitional residence for recovering alcoholics and drug users was ejected from the residence by landlord after violating rules prohibiting drugs, alcohol, tobacco, and firearms. The resident...

Nonpurchasing Month-to-Month Tenant Can Remain in Condo Under Martin Act

April 19, 2016    

Landlord sued to evict month-to-month tenant. Tenant claimed that he was entitled to protection from eviction under The Martin Act. The court ruled for tenant and dismissed the case. Tenant moved into the apartment...

Co-op Can Evict Shareholder Tenant Whose Daughter Lived in Apartment Without Tenant

April 19, 2016    

Landlord co-op corporation sued to evict shareholder tenant for permitting tenant’s daughter to live in the apartment while tenant lived elsewhere. Landlord asked the court to rule in its favor without a trial...

Approval of HUD Tenant Eviction Overturned on Appeal

April 19, 2016    

Landlord sued to evict HUD tenant based on tenant's intentional misrepresentation of household income on Section 8 recertifications. The court ruled for landlord and awarded a judgment of possession. Tenant...

Landlord Can Evict Tenant for Failing to Buy Co-op Apartment

March 23, 2016    

Landlord sued to evict tenant after the building was converted to cooperative ownership and tenant failed to purchase her apartment. The court ruled for landlord. Tenant appealed and lost. Landlord showed good cause...

Landlord Can Evict Tenant for Nonpayment of Rent

March 17, 2016    

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord. Tenant appealed and lost. Tenant’s pattern of default forced landlord to start five nonpayment proceedings over a...