PROCEDURE-COURT

Federal Court Permits Landlord's Constitutional Challenge to "Airbnb Law" to Go Forward

October 29, 2018    

Landlord sued the city, claiming that New York Multiple Dwelling Law Section 121, enacted on Oct. 21, 2016, as well as NYC Admin. Code 27-287.1, referred to as the "Airbnb Law," were unconstitutionally...

Did Landlord's Acceptance of Rent Before Starting Court Case Waive Its Right to Proceed?

October 29, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without trial because landlord accepted and retained two rent payments for the period after tenancy...

Court Permits Nonprofit Tenant Organizations to Join Lawsuit Against NYCHA

October 29, 2018    

The federal government sued NYCHA, claiming pervasive violations of federal health and safety regulations, systemic indifference, and a culture of dysfunction and deceit. The complaint cited peeling lead paint, mold...

Occupants Couldn't Submit Corrected Deposition Transcripts Three Months Late

October 27, 2018    

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, who represented the landlord.)

Landlord Proves Court Papers Were Properly Served

October 22, 2018    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant claimed that landlord's court papers weren't properly served and that therefore the case should be dismissed. Specifically,...

Landlord Can Seek Attorneys' Fees from Tenant as Agreed in Settlement

October 22, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court later granted landlord's request for attorney's fees, in an amount to be determined...

Holdover Petition Served 13 Days Before Initial Court Date Was Defective

September 24, 2018    

Landlord sued to evict tenant. Landlord claimed that the building contained fewer than six apartments and therefore wasn't rent stabilized. Tenant agreed to move out but later asked the court to vacate the...

Tenant May Need Guardian ad Litem

September 20, 2018    

Landlord NYCHA sued to evict tenant for failing, neglecting, or refusing to furnish complete income verification information. Landlord said that tenant failed to appear at an administrative hearing after being given...

Landlord Didn't Deliver Copy of Court Petition to NYCHA

July 25, 2018    

Landlord sued to evict NYCHA tenant for material noncompliance with his lease by failing to provide apartment access on two dates for repairs. Tenant asked the court to dismiss the case, claiming that landlord's...

Apartment Was Properly Identified in Court Papers

June 26, 2018    

Landlord sued to evict tenant from cooperative apartment. The court granted tenant's request to dismiss the case, finding that the apartment wasn't properly identified in the court papers. Landlord appealed...

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...