PROCEDURE-COURT

Landlord Can't Restore Nonprimary Residence Case Marked Off Court Calendar Nine Years Earlier

March 28, 2025    

Landlord sued to evict rent-stabilized tenant, claiming nonprimary residence. The case was marked off calendar in 2014, and in 2022 landlord asked the court for permission to restore the case to the court calendar....

Court Denies Class Action Status to Tenants Claiming Rent Overcharge Scheme

March 27, 2025    

Tenants of 55 different apartments in 22 buildings owned or operated by landlord sued landlord in 2016 and claimed that landlord pursued a scheme designed to unlawfully inflate rents in violation of the Rent...

Law Office Failure by Tenants' Attorney Excused by Court

March 27, 2025    

Tenants, claiming to be the last few remaining tenants of a Brooklyn building undergoing a gut renovation, sued landlord in 2023. They claimed harassment and housing code violations. Tenants started the court case by...

Landlord's Termination Notice Sufficiently Supported Claim

February 26, 2025    

Landlord sued to evict a Mitchell-Lama co-op shareholder tenant after serving a notice to cure and termination notice in 2023. Tenant asked the court to dismiss the case, claiming the termination notice didn't...

Additional Five Days Not Required for Mailing of 14-Day Rent Demand

February 26, 2025    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't allow for an additional five days with a 14-day rent demand before...

Tenant Can't Sue Realtor in Federal Court for Vandalized Apartment Lock

February 26, 2025    

Oneonta tenant sued realtor and its attorney in federal court after his apartment was vandalized in 2024, causing him mental and emotional distress. Tenant claimed that when he moved into the unit in 2023, the...

Court Dismisses Landlord's Ejection Action Based on Pending Holdover Proceeding

February 25, 2025    

Landlord sued to evict tenant in housing court for nonpayment of rent. The court ruled for landlord based on tenant's default and issued an eviction warrant. In December 2024, tenant asked the court to vacate the...

Landlord Filed Holdover Petition Before GCE Law Enacted

February 25, 2025    

Landlord sued to evict month-to-month unregulated tenant after serving a 90-day Notice of Termination dated Sept. 8, 2023, with a vacate date of Dec. 31, 2023. Tenant asked the court to dismiss the case. Tenant...

Court Will Consider Tenant Counterclaim for Violations

February 24, 2025    

(Decision submitted by Ryan J. McNamara, Esq. of the Manhattan Tenants' Rights Unit of the New York Legal Assistance Group, attorneys for tenant).

Landlord Waited Too Long to Seek Restoration of Case to Court Calendar

January 27, 2025    

Landlord sued to evict tenant for nonpayment of rent in 2012. In September 2013 the case was marked off the housing court calendar while landlord appealed a January 2013 interim decision of that court. The appeal was...

Landlord Can't Maintain Eviction Case Against Rent-Stabilized Tenant with No Current Lease

January 27, 2025    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent after tenant's lease expired. Landlord claimed that the case could still go forward because landlord accepted ERAP funds, which created an...

Landlord Didn't Give Tenant Violence Against Women Act Notice

January 27, 2025    

Landlord of a building under a federally assisted housing program sued to evict tenant for nonpayment of rent. In January 2020, the parties settled the case with a stipulation granting landlord a possessory judgment...