PROCEDURE-COURT

Occupant Who Claims Succession Rights Maintains ERAP Stay Until Decided by OTDA

June 27, 2022    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed succession rights as tenant's adopted child, and also filed an ERAP application. Despite landlord's request to...

Court Upholds ERAP Stay Despite Substantial Rent Arrears Predating March 13, 2020

June 27, 2022    

Landlord sued to evict unregulated tenants in a holdover proceeding after tenants' lease expired in 2018. Landlord obtained a money judgment for rent arrears owed as of Jan. 15, 2020, in the amount of $279,000,...

Nonpayment Proceeding Commenced in 2020 Remains Stayed Due to ERAP Filing

June 24, 2022    

Landlord of a two-family house sued to evict tenant in September 2020 for nonpayment of rent. Tenant answered the petition in October 2020, then on Jan. 4, 2022, filed a Hardship Declaration that stayed the...

Court Grants Landlord's Request to Vacate ERAP Stay

June 24, 2022    

Landlord sued to evict unregulated tenant after the expiration of a 90-day termination notice served before tenant's lease ended. Tenant argued that he had applied for ERAP assistance before landlord started the...

Landlord That Won't Accept ERAP Gets Automatic Stay Lifted in Holdover Proceeding

June 24, 2022    

Landlord sued to evict unregulated tenant when tenant's lease ended, after serving a 60-day termination notice. The court stayed the proceeding upon learning that tenant had filed an ERAP application, and placed...

Landlord Can't Claim Illegal Lockout by Tenant

June 16, 2022    

Landlord sued tenant, claiming illegal lockout under RPAPL Section 713(10) and commencing the case by order to show cause. The Housing Court initially declined to sign landlord's order to show cause, finding that...

ERAP Application Filed by Unnamed Occupant Didn't Stay Eviction Case Against Tenant

May 25, 2022    

Landlord sued to evict tenant Gomez for nonpayment of rent in 2021. On the initial court conference date in April 2022, landlord's attorney appeared, tenant appeared pro se, and an attorney appeared for...

Termination Notice Didn't Sufficiently Explain How Tenant Failed to Cure Violation

May 25, 2022    

Landlord sued to evict rent-stabilized tenant for breaching a substantial obligation of her tenancy. Landlord had spelled out in a notice to cure that tenant had installed a "built in" partition in the form...

Landlord's Service of Court Papers on NYCHA Didn't Comply with Williams Consent Decree

May 25, 2022    

Landlord sued to evict Section 8 tenant for creating a nuisance. Prior to commencing the housing court proceeding, landlord had served a notice to cure on tenant, claiming that tenant had engaged in criminal conduct...

ERAP Stay Obtained by Squatter Is Lifted by the Court

April 27, 2022    

Landlord sued to evict apartment occupant after serving a 10-day notice to quit in September 2021. The occupant appeared in court and, since she had filed an ERAP application, the case was stayed. Landlord asked the...

Court Dismisses Holdover Proceeding Started After Tenant Filed ERAP Application

April 26, 2022    

Landlord sued to evict an unregulated tenant in October 2021 after serving a 90-day termination notice. Tenant filed a Hardship Declaration in November 2021. Tenant also advised the court that she had filed an ERAP...

Court Denies Landlord's Request to Vacate ERAP Stay Obtained by Licensee

April 26, 2022    

Landlord sued to evict occupants of a rent-stabilized apartment after tenant died, claiming that they were either mere licensees of the tenant or squatters. One of the occupants filed a Hardship Declaration and ERAP...