PROCEDURE-COURT

Landlord's Predicate Notices Were Defective

May 24, 2021    

Landlord sued to evict tenant for nuisance and for violating his lease by illegally subletting his apartment for short-term rentals at excessive rates and without landlord's knowledge or consent. Landlord also...

No Proof CEEFPA Nuisance Exception Applied to Tenant

April 23, 2021    

Landlord sued to evict tenant for creating a nuisance through harassing behavior. Tenant claimed retaliatory eviction and asked for a temporary stay of the case until May 1, 2021, under CEEFPA after filing a hardship...

Rye City Court Had No Jurisdiction Over Out-Of-State Landlord

April 23, 2021    

Former tenant sued landlord in small claims court in Rye, N.Y., for return of his security deposit. The court dismissed the case, finding that it had no jurisdiction over landlord or tenant. Landlord lived in Georgia...

Failure to Register Current Rent Results in Dismissal of Nonpayment Case

April 23, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord's rent demand and petition were defective because the claimed rent exceeded the contract rent. Tenant also...

Landlord's Nonprimary Residence Holdover Dismissed After Tenant Died

April 21, 2021    

(Decision submitted by John Bart of DC 37 Municipal Employees Legal Services, attorneys for occupant.)

Tenant's Use and Occupancy Payments Limited by HSTPA

February 24, 2021    

Landlord sued to evict tenant, based on claimed illegal conversion of the apartment by tenant's installation of partitions and creating added rooms in the unit. Landlord asked the court to direct tenant to pay...

Defective Rent Demand Resulted in Dismissal of Eviction Proceeding

December 21, 2020    

Landlord cooperative corporation sued to evict shareholder tenant for nonpayment of rent. The court granted tenant's request to dismiss the case, finding that landlord's rent demand didn't contain a good-...

HDFC Didn't State Cause for Termination in Its Eviction Petition

December 14, 2020    

Landlord HDFC sued to evict tenant, who had only a verbal rental agreement. Tenant asked the court to dismiss the case because landlord hadn't stated any cause to terminate her tenancy in its court papers. The...

Virtual Trial Doesn't Deny Tenants Due Process

December 10, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in 2017. Other apartment occupants responded, claiming that they were the rightful tenants. They also claimed rent overcharge and that the monthly...

NYCHA Eviction Petition Didn't Comply with Required Format

October 28, 2020    

Landlord NYCHA sued to evict apartment occupant whose license to occupy the unit had expired. The occupant asked the court to dismiss the case because landlord didn't include required language in its eviction...

Section 8 Tenant's Appeal of NYCHA's Termination of His Benefits Untimely

October 27, 2020    

Tenant participated in a project-based Section 8 program in NYCHA housing. NYCHA sent tenant a T-3 termination notice dated Aug. 16, 2018, advising tenant that his Section 8 subsidy would be terminated in 45 days...

Use and Occupancy Denied Due to Outstanding Class "C" Violation

September 27, 2020    

Landlord sued to evict tenant for creating a nuisance by flooding his apartment as well as a downstairs neighbor's apartment. While the case was pending, landlord asked the court to award use and occupancy based...