PROCEDURE-COURT

Tenant Wins Termination of Guardianship Despite Concerns Over Eviction Proceeding

November 18, 2021    

An Article 81 guardian was appointed to address tenant's personal needs and property management. Tenant later sued the Dept. of Social Services (DSS) seeking termination of the guardianship by Selfhelp Community...

Eviction Petition Dismissed Based on Defects in Notice to Cure

November 17, 2021    

Landlord sued to evict rent-stabilized tenant for lease violations and creating a nuisance. Tenant asked the court to dismiss the case based on procedural failure. Tenant claimed that landlord failed to identify a...

Advocate-Witness Rule Barring Attorney Testimony Didn't Apply to Law Firm Employee

November 17, 2021    

Tenants sued landlord in an HP housing court proceeding, claiming that there were outstanding violations and that landlord had harassed them. Landlord asked the court for an order prohibiting an employee of tenants...

Eviction Petition Didn't State Tenant's Section 8 Status

November 17, 2021    

Landlord sued to evict tenant when tenant's rental agreement expired. Tenant asked the court to dismiss the case because landlord didn't serve a copy of the termination notice and court papers on the public...

Court Improperly Denied Landlord's Request to Amend Petition's Misstatement

October 27, 2021    

Landlord sued to evict tenant. During the housing court proceeding, landlord asked the court for permission to amend its petition because it had misstated the multiple dwelling status of the building. The court ruled...

NYC Housing Court Initiates Intake Part for New Cases

September 27, 2021    

The NYC Civil Court announced that it would resume regular calendars for newly filed cases, consistent with current health and safety standards, starting Sep. 21, 2021, and the NYC Housing Court will schedule a first...

Holdover Petition Against ETPA Tenant Dismissed for Failure to Serve Proper Notice

September 27, 2021    

Landlord sued to evict tenant, claiming that the tenancy had expired. Tenant asked the court to dismiss the case, claiming that the petition was defective for not properly pleading a cause of action. Tenant claimed...

Unlawful Apartment Occupants Get No Delay of Eviction Case Under CEEFPA

September 23, 2021    

Landlord sued to evict apartment occupants after tenant surrendered possession. One unnamed occupant filed a COVID-19 Hardship Declaration. Another unnamed occupant appeared in court on a case adjournment date. The...

CEEFPA Bars Landlord From Evicting Occupant Without Additional Motion Filing

August 26, 2021    

Landlord sued to evict an unregulated tenant and his roommate from an apartment in 2018. On March 4, 2020, after a number of court appearances and motion practice, landlord signed a court-ordered settlement agreement...

Court Won't Reject Tenant's Hardship Declaration Where Landlord Doesn't Prove Nuisance

August 26, 2021    

Landlord sued to evict tenant in 2021 for creating a nuisance. Landlord also filed an order to show cause in May 2021 asking the court to reject a Hardship Declaration that tenant had filed, and to vacate any stay of...

NY Court Issues Memorandum on Effect of USSC Chrysafis Decision on Eviction Matter Procedures

August 25, 2021    

Following the U.S. Supreme Court's issuance of a stay on Aug. 12, 2021, the State of New York Unified Court System issued a Memorandum on Aug. 17, 2021, concerning Residential Eviction Proceedings Following ...

Court Administrative Order AO/245/21 Updates Residential Eviction Matter Processing

August 25, 2021    

On Aug. 13, 2021, the Chief Administrative Judge of the Courts of the State of New York issued an Administrative Order, AO/245/21, to update procedures in connection with the processing of residential eviction...