PROCEDURE-COURT

Landlord Must Give Tenant Copies of Documents for Pretrial Questioning

August 19, 2017    

Landlord sued to evict rent-stabilized tenant for chronic late payment of rent. Landlord claimed that between 1999 and 2015, it had to commence 26 nonpayment proceedings against tenant, including at least one each...

Tenant Claims Landlord Didn't Properly Deliver Eviction Papers

July 27, 2017    

Landlord sued to evict Section 8 tenant for failing to recertify and to supply information on time about her 2016 family income. This violated tenant's low-income lease rider. Landlord and tenant signed a...

Court Excuses Default of Tenant with Medical Condition

July 27, 2017    

Landlord sued to evict rent-stabilized Section 8 tenant for breaching a substantial obligation of her lease. Landlord claimed that tenant failed to provide access to complete necessary repairs in her apartment. The...

Court Vacates Settlement Agreement Based on Potential Rent Overcharge

June 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed over $4,300. Landlord and tenant settled the case in court by which landlord agreed to make repairs and tenant agreed to...

Landlord's Proof of Defaulting Tenant's Nonmilitary Status Insufficient

June 24, 2017    

Landlord sued to evict tenant for nonpayment of rent. Landlord sought a default judgment after tenant failed to appear and claimed that tenant wasn't in military service. The court ruled against landlord, finding...

Landlord Didn't Have to Name Tenant's Husband in Court Papers

May 30, 2017    

Landlord sued to evict tenant for keeping a dog in violation of her lease. At trial, tenant asked the court to dismiss the case because landlord hadn't named tenant's husband as a party to the case, even...

No Proof Landlord Delivered Copy of Termination Notice to NYCHA

May 30, 2017    

Landlord sued to evict tenant who received Section 8 benefits. Tenant asked the court to dismiss the case, finding that there was no proof that landlord sent NYCHA a copy of the termination notice. Landlord argued...

Landlord Can't Sue Guarantor for Rent Arrears in Eviction Proceeding

May 22, 2017    

Landlord sued to evict tenant for nonpayment of rent and joined tenant’s guarantor as a party to that case. The guarantor filed an answer but didn’t appear for trial. The court ruled for landlord and got...

Tenant Who Didn't Show Any Rent Overcharge Can't Vacate Settlement Agreement

May 22, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the settlement agreement and judgment, claiming...

Landlord Doesn't Prove There Was a Renewal Lease Corresponding to Its Nonrenewal Notice

May 22, 2017    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant’s latest renewal lease started on Dec. 1, 2010, and ended on Nov. 30, 2012, and that landlord sent a...

Landlord Gets Money Judgment in Nonpayment Case Without Personal Delivery of Court Papers to Tenant

April 28, 2017    

Landlord sued to evict tenant for nonpayment of rent. The Rochester city court ruled for landlord in part based on tenant’s failure to appear. Landlord was entitled to a judgment of possession and eviction...

Landlord Must Produce Witness List Before Nuisance Trial

April 28, 2017    

Landlord sued to evict tenant for creating a nuisance. Tenant sought pretrial document production from landlord. The court ruled for tenant, who later asked the court to dismiss the case based on landlord’s...