PROCEDURE-COURT

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.)

Tenant Showed Good Excuse for Missed Court Date

February 14, 2018    

Landlord sued to evict rent-stabilized Section 8 tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant then asked the court to vacate the judgment and...

Tenant Can't Vacate Prior Attorney's Consent to Judgment for Landlord

January 26, 2018    

Fannie Mae, as landlord, sued to evict tenant in a post-foreclosure eviction proceeding. Landlord and tenant, represented by an attorney, signed a settlement agreement. Tenant agreed to move out in three months, and...

Tenants' Claims Against Landlords Didn't Qualify for Class Action

December 20, 2017    

Tenants sued landlords and asked the court to designate the case as a class action. Tenants claimed rent overcharge and that landlords illegally or fraudulently engaged in a scheme to inflate rents in over 20...

Court Won't Discontinue Nonpayment Case

December 20, 2017    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $1,000 through April 2016. The court ruled for landlord based on tenant's failure to respond. Tenant later asked the court to...

Landlord Didn't Properly Describe Building's Regulatory Status

September 28, 2017    

Landlord sued to evict apartment occupant, who claimed succession rights. Landlord then asked the court to strike that defense, claiming that occupant failed to meet the income qualifications in the regulatory...