EVICTION

NYCHA Can Evict Tenant for Son's Illegal Drug Activity

June 11, 2013    

Tenant filed an Article 78 appeal of NYCHA's decision to terminate her tenancy for nondesirability. NYCHA had ruled that tenant violated her lease and a prior stipulation that barred her son from living in her...

Eviction Delayed After DSS Approves Payment of Rent Arrears

June 11, 2013    

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord, and tenant asked the court to delay execution on the eviction warrant. The court ruled against tenant, who appealed and won...

Tenant Violated Probationary Stipulation

June 10, 2013    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant was placed on probation and agreed to pay rent on time. Landlord sought eviction when...

Tenant Claims Back Rent Calculation Incorrect

April 15, 2013    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord when tenant's attorney failed to appear for trial. The case was later reopened, and the parties, by their attorneys, signed a...

NYCHA's Decision to Evict Elderly Tenant Ruled Unfair

April 15, 2013    

Tenant appealed NYCHA's decision to terminate her tenancy. The court ruled for tenant and sent the case back to NYCHA for imposition of a lesser penalty. NYCHA appealed and lost. The appeals court found that the...

New Owner Can Evict Seller and His Family

April 15, 2013    

New owner sued to evict prior owner and other occupants from the house, claiming that their license to live there was expired. Prior owner agreed to vacate, but his daughter claimed that her father and his ex-wife...

Co-op Tenant Can Be Evicted for Failing to Maintain Plumbing

April 14, 2013    

Landlord cooperative corporation sued to evict tenant shareholder for failing to maintain and make repairs to her apartment. Landlord claimed that steaming hot water leaked from tenant's apartment. On Aug. 16,...

Landlord Didn't Name Tenant's Mother in Case

April 12, 2013    

Landlord sued to evict low-income housing tenant for breach of a substantial obligation of his tenancy based on chronic nonpayment of rent. Landlord had sued to evict tenant three times in recent years. In the last...

Tenant Can Vacate Settlement Agreement

April 10, 2013    

Landlord sued to evict long-term tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, by which tenant agreed to pay back rent by a certain date. When tenant failed to do so, he...

Court Refuses to Enforce 2004 HPD Certificate of Eviction

March 14, 2013    

(Decision submitted by David Berger of the Brooklyn law firm of Tenenbaum Berger & Shivers, LLP, attorneys for the tenants.)

Landlord of Roberto Clemente Plaza sued to evict Mitchell-Lama tenants...

Court Can't Restore Tenant After Claimed Illegal Lockout

March 14, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which the case was converted to a holdover proceeding, tenant would vacate by Oct. 11, 2012, and...

Tenant Can't Get More Time to Seek Section 8 Transfer Voucher

March 14, 2013    

Tenant sought Article 78 judicial review of HPD's decision denying his application for Section 8 rental assistance. Tenant claimed that HPD's decision was arbitrary and unreasonable. Tenant had signed a...