PROCEDURE-COURT

Good Cause Eviction Law Creates New Cause of Action Combining Nonpayment and Holdover Grounds

December 20, 2024    

Landlord sued to evict tenant after a 90-day nonrenewal notice expired, and claimed that it wasn't renewing the lease because tenant owed more than $30,000 in back rent. The case was commenced after the Good...

Nonpayment Proceeding Dismissed Because Building in Violation of C of O

December 20, 2024    

Landlord sued to evict rent-stabilized tenant in 2022 for nonpayment of rent. The case was stayed for some period while tenant sought ERAP funding. After partial arrears were covered by ERAP, landlord got the case...

Landlord Didn't Serve Predicate Notice

December 19, 2024    

Landlord sued to evict apartment occupant, claiming that he was a squatter. The occupant asked the court to dismiss the case. He claimed that he was a licensee of the former tenant and that landlord therefore failed...

Landlord Didn't Serve Tenant Notice of Occupancy Rights Under VAWA

December 19, 2024    

Landlord sued to evict tenant, claiming that her rental agreement expired on Feb. 29, 2024. The building contained fewer than six apartments and had been rent controlled at one time when the building received 421-a...

Landlord's Rent Demand Didn't Clearly or Properly Set Forth Amounts Due

December 19, 2024    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case based on a defective rent demand. The rent demand didn't fairly tell tenant of the periods of rent...

Nonpayment Case Dismissed Because No Lease in Effect When Case Commenced

December 19, 2024    

Landlord sued to evict unregulated tenant for nonpayment of rent in April 2024. Landlord claimed that the last rental agreement was made with tenant on Feb. 5, 2023, and that tenant owed back rent for the period...

Landlord Disregarded Time Frame for Occupants to Quit Premises

November 25, 2024    

Landlord, which became the building owner under a Referee's Deed, sue to evict occupants of a first-floor apartment in the building after serving a 10-day notice to quit. Landlord claimed that none of the...

Court Approves Tenants' Request to Subpoena DHCR Records

November 20, 2024    

Tenants sued landlord, claiming rent fraud, willful rent overcharge, breach of the warranty of habitability, and breach of lease. Tenants asked the court to issue subpoenas duces tecum to order DOB, HPD, and the DHCR...

Landlord's 90-Day Termination Notice Wasn't Sent on Time

October 28, 2024    

Landlord sued to evict tenant from a rented house after sending a 90-day lease nonrenewal notice. Landlord sought $10,000 in unpaid rent in her court petition. Tenant asked the court to dismiss the case because the...

Landlord LLC in Noncompliance with Limited Liability Law Publication Requirements

October 27, 2024    

Landlord sued to evict tenant. Tenant asked the court to dismiss the case because landlord, a limited liability company (LLC), didn't publish its articles of organization and therefore didn't comply with...

Nonpayment Proceeding Dismissed Due to Occupancy Contrary to C of O

October 27, 2024    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $31,000. Tenant asked the court to dismiss the case. The court ruled for tenant. An ECB violation had been issued for "...

Errors in Rent Demand Result in Dismissal of Nonpayment Proceeding

October 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because the rent demand was defective. The court agreed. The rent demand incorrectly claimed that rent began to accrue...