PROCEDURE-COURT

Landlord Didn't Send NYCHA Copy of Eviction Petition

June 25, 2018    

Landlord sued to evict tenant. Tenant asked the court to dismiss the case. Tenant received a Section 8 voucher from NYCHA and landlord failed to comply with the Williams consent decree or properly state tenant's...

Landlord's Nonpayment Case Dismissed Due to Defective Rent Demand

May 29, 2018    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the rent demand was defective and asked landlord to dismiss the case. The court ruled for tenant. Tenant had paid rent for April, May, and...

Acceptance of One HRA Payment After Lease Termination Didn't Waive Termination Notice

May 29, 2018    

Landlord sued to evict tenant for keeping a dog in violation of his lease. Tenant asked the court to dismiss the case because landlord accepted rent payment during the window period after his tenancy was terminated...

Court Vacates Settlement Agreement Tenants Signed Without Interpreter

May 28, 2018    

Landlord sued to evict rent-stabilized tenants for creating a nuisance. On the first court date, tenants and landlord signed a settlement agreement by which tenants agreed to move out. Tenants later asked the court...

Court Quashes Landlord's Trial Subpoenas

April 26, 2018    

Landlord sued to evict tenant. The court granted tenant's request to quash subpoenas landlord sent to non-parties seeking records relevant to eviction issues. Landlord asked to reargue the request, seeking a...

Landlord Sufficiently Described Apartment's Regulatory Status in Court Papers

April 26, 2018    

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out of the apartment. Occupant asked the court to dismiss the case, claiming that landlord's court petition was defective because...

Tenants Entitled to Costs from NYCHA for Overlapping Nonpayment Proceedings

April 26, 2018    

Landlord NYCHA sued to evict various tenants for nonpayment of rent. The court became aware that there were additional nonpayment proceedings commenced against each tenant seeking overlapping rent. The court notified...

Nonpayment Case Delayed While DHCR Decides Tenant's Overcharge Claim

April 25, 2018    

Landlord sued to evict unregulated tenant for nonpayment of rent. A year before landlord sued tenant, tenant had filed a rent overcharge complaint with the DHCR, claiming that he was improperly deregulated. Tenant...

Tenants Don't Qualify for Class Action

April 22, 2018    

Tenants sued landlords of four buildings that received J-51 tax benefits and sought to make the case a class action. Tenants claimed that landlords inflated rents beyond legal rents, failed to give tenants rent-...

Users' Claim That Airbnb Acted as Unlicensed Real Estate Broker Must Go to Arbitration

March 26, 2018    

Two individuals who registered accounts with Airbnb to list apartments for rentals sued Airbnb in federal court, claiming that Airbnb violated Real Property Law Section 440, and General Business Law Section 349 by...

NYCHA Affidavits of Service of Rent Demands Contained False Statements

March 26, 2018    

Landlord NYCHA sued six tenants for nonpayment of rent and later sought default judgments from the court when tenants failed to respond. The court clerk found irregularities in the delivery of rent demands to these...

Landlord Can Add Additional Rent Accruing Since Rent Demand to Court Petition

March 26, 2018    

(Decision submitted by Adam Leitman Bailey of the Manhattan law firm of Adam Leitman Bailey, P.C., attorneys for the landlord.)