PROCEDURE-COURT

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...

Landlord's Request to Dismiss Tenants' Fraudulent Deregulation Claim Was Premature

January 24, 2025    

Tenants sued landlord, claiming that prior landlord had deregulated their apartments in 2007 and 2008 based on alleged individual apartment improvements (IAIs) that were never performed. Landlord asked the court to...

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...