EVICTION

Tenant Restored to Possession

March 13, 2013    

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

Landlord Can Evict Tenant for Chronic Nonpayment of Rent

March 13, 2013    

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

Co-op Can Evict Month-to-Month Tenant

March 8, 2013    

Landlord housing development fund corporation sued to evict month-to-month tenant after delivering a 30-day termination notice. Tenant claimed that he was entitled to occupy the apartment. The court ruled for...

Landlord Can't Evict Tenant for Graffiti in Stairwell

March 8, 2013    

Landlord sued to evict Section 8 tenant for "good cause," based on criminal activity that it claimed threatened the health, safety, or right to peaceful enjoyment of the premises by other residents....

Tenant Didn't Prove Payment of Rent Arrears

March 8, 2013    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, entered a judgment, and issued an eviction warrant. Tenant later asked the court to delay execution on the warrant. The court ruled...

Landlord Can Evict Section 8 Tenant

March 8, 2013    

Landlord NYCHA terminated tenancy based on Section 8 tenant's failure to report employment income. Tenant filed an Article 78 court appeal of NYCHA's decision, claiming that the penalty was too harsh and...

Tenant Didn't Materially Violate Settlement Agreement

February 11, 2013    

Landlord sued to evict rent-controlled tenant based on illegal activity in tenant's apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to judgment for the landlord and issuance...

Tenant Who Claimed Illegal Lockout Had Abandoned Apartment

February 11, 2013    

Tenant sued landlord NYCHA for wrongful eviction. The court ruled against tenant, who appealed and lost. Tenant claimed that he had been illegally locked out of his apartment. But tenant had moved to Virginia to live...

Housing Court Improperly Delayed Eviction

February 11, 2013    

Landlord NYCHA terminated tenant's lease following an agency hearing on the issues. Tenant appealed NYCHA's decision and lost. NYCHA then sued to evict tenant in housing court. The court ruled for tenant and...

Landlord Gave Required Notice

February 8, 2013    

Landlord of trailer park sued to evict tenants who owned mobile homes in the park. Tenants asked the court to dismiss the case, claiming that landlord didn't comply with prerequisites of Real Property Law Section...

Occupancy Agreement Contained Unlawful Self-Help Eviction Provision

January 14, 2013    

Under the Veteran Affairs Grant and Per Diem Program, tenant moved into transitional housing for homeless female veterans that was managed by landlord not-for-profit organization. As a condition for the housing,...

Tenant Evicted After Violating Settlement Agreement

January 11, 2013    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, and then a later agreement placing tenant on probation. The court and appeals court later...