EVICTION

Eviction Case Against Tenant of Damaged Apartment Dismissed for Retaliatory Eviction

October 25, 2022    

Landlord sued to evict tenant in 2022 after terminating her tenancy. Tenant claimed retaliatory eviction and constructive eviction. Tenant had moved out of her basement apartment on a temporary basis several years...

Court Lifts Subtenant's Bankruptcy Stay So Landlord Can Proceed with Eviction Case

September 28, 2022    

The subtenant of an apartment located in landlord's building filed a Chapter 7 bankruptcy petition, which automatically imposed a stay on all creditors including landlord. Landlord asked the court to lift the...

Eviction Proceeding Dismissed Due to Improper Nonrenewal Notice

August 23, 2022    

Landlord sued to evict unregulated tenants. The court dismissed the case because landlord failed to serve tenants with a valid, statutorily required 90-day notice before starting the case. Before HSTPA was enacted on...

Licensee Entitled to ERAP Stay

August 23, 2022    

Landlord sued to evict tenant's daughter after tenant died. Landlord claimed that the daughter was a licensee who no longer had a right to be in tenant's apartment. The daughter asked the court to dismiss the...

Evicted Tenant Who Had Undisclosed ERAP Stay Restored to Possession

August 23, 2022    

Landlord sued to evict tenant for nonpayment of rent, then evicted tenant after obtaining a default judgment. Tenant then filed an order to show cause, seeking restoration to the premises. Tenant pointed out that he...

Nonprofit Tenant Can Evict Unauthorized Occupant Who Paid Landlord with ERAP Funds

August 23, 2022    

Tenant, a community nonprofit organization, sued to evict apartment occupant, whom their deceased client/subtenant had permitted to live in the apartment in violation of tenant's house rules. Before the COVID...

Court Finds Albany's Good Cause Eviction Law to Be Invalid

July 24, 2022    

The Supreme Court of Albany County found that the City of Albany’s Good Cause Eviction law (Local Law F of 2021) was in direct conflict with and preempted by New York State law. The plaintiffs argued...

Court Won't Delay Eviction Case Against Unregulated Tenant Based on Pending HP Proceeding

July 21, 2022    

Landlord sued to evict unregulated tenant in a three-family house after sending a 60-day termination notice to tenant at the apartment. The notice was sent by conspicuous place service after attempts at personal...

Unauthorized Subtenant Who Filed ERAP Application Gets Stay of Eviction Proceeding

July 21, 2022    

Landlord sued to evict tenant for illegally subletting her apartment and profiteering by charging subtenants more than the legal rent. The subtenant had in fact filed a rent overcharge complaint against tenant with...

Landlord Can't Evict Nonprofit Under RSC Section 2520.11(f)

June 27, 2022    

Landlord sued to evict a charitable non-for-profit organization that was a successor in interest to landlord's former month-to-month tenant, which was also a charitable not-for-profit. Landlord claimed that the...

ERAP Stay Vacated in Case Where Eviction Warrant Issued Pre-Pandemic

June 24, 2022    

Landlord sued to evict unregulated tenants of a two-family home in September 2019. Landlord and tenants signed a so-ordered settlement agreement in court and agreed to move out. The stipulation included a final...

Eviction Proceeding Was Retaliatory After Tenant Complained to HPD

June 14, 2022    

Landlord sued to evict tenant. Tenant asked the court to dismiss the case without trial. She claimed that the eviction action was retaliatory. Landlord sued to evict tenant after she made numerous good-faith...