EVICTION

Tenant Can Eject Roommate Who Paid No Rent

February 24, 2021    

Tenant sued to eject apartment occupant, who had been her friend and roommate for about 10 years, after sending him two 10-day notices to quit. In late 2019, tenant and roommate entered an agreement by which the...

Hearing Needed on Tenant's Safe Harbor Act Defense

February 24, 2021    

Landlord sued to evict tenant for nonpayment of rent in 2018. Landlord and tenant signed a settlement agreement that gave landlord a money judgment for $8,301 in back rent. An eviction warrant was issued, and the...

Court Must Delay Eviction Under COVID Emergency Law

February 24, 2021    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, issued an eviction warrant, but delayed execution on the warrant until Jan. 1, 2021, based on the 2020 Tenant Safe Harbor Act...

Eviction Warrant Improperly Issued

February 11, 2021    

Landlord sued to evict month-to-month tenants in a holdover proceeding filed in State Supreme Court. Landlord had rented the apartment on condition that tenants would vacate within 30 days of notice that landlord had...

Shareholder Tenant Can Evict Apartment Occupant

February 10, 2021    

A cooperative shareholder tenant sued to evict occupant from her apartment, claiming that she had terminated his license to live there. The housing court denied tenant's request to grant eviction without a trial...

Tenant Gets Judgment from Subtenant for Back Rent While Moratorium Stays Eviction

January 26, 2021    

Shareholder-tenant of a co-op apartment sued to evict his subtenant. That case was consolidated in State Supreme Court with a separate action concerning subtenant's right under the sublease to purchase tenant...

Tenant Repeatedly Let Banned Drug-Dealing Brother into Apartment

January 26, 2021    

Tenant of NYCHA-operated building signed an agreement with landlord in 2014 after her brother was arrested at the apartment for unlawful possession, sale, or attempted sale of heroin. The agreement put tenant on...

Tenant Can Raise Financial Hardship Defense

January 25, 2021    

Landlord sued to evict unregulated tenant occupying a co-op apartment for nonpayment of rent in November 2018. After a default judgment and warrant were issued in February 2019, the court granted tenant's order...

Landlord Illegally Evicted Tenant's Daughter After Tenant Died

December 21, 2020    

Tenant's adult daughter sued landlord, claiming illegal eviction. She claimed that she contacted landlord in early September 2020 and informed landlord that tenant had died and she wanted to clear up any back...

Court Issues Eviction Warrant Under DRP 213 for Pre-Pandemic Case

December 21, 2020    

Landlord sued to evict tenant for nonpayment of rent in October 2019. Landlord and tenant, represented by an attorney, signed a settlement agreement in December 2019. Tenant agreed to pay back rent due, and landlord...

Amended Law Protecting Tenants from Eviction in Condo Conversion Not Applied Retroactively

December 7, 2020    

Former tenants sued landlords in a class action, claiming breach of contract. The tenants were all nonpurchasing tenants and either senior citizens or disabled when a noneviction condominium conversion plan was...

Tenant Paid Rent Arrears Before Execution of Warrant

October 27, 2020    

Landlord sued to evict tenant for nonpayment of rent. The court ultimately ruled against landlord. Under HSTPA, RPAPL Section 749(3) no longer terminates a landlord-tenant relationship upon issuance of an eviction...