PROCEDURE-COURT

Nonpayment Proceeding Dismissed After Later Holdover Proceeding Settled

November 28, 2016    

Landlord sued to evict tenant for nonpayment of rent while tenant’s lease was still in effect. While that case was still pending, landlord sued to evict tenant in a holdover proceeding after tenant’s...

Settlement Agreement Incorrectly Identified Apartment

November 27, 2016    

Landlord sued to evict apartment occupant, claiming that his...

Landlord Can Start New Eviction Case for Owner Occupancy

November 22, 2016    

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for his own use. The court ruled against landlord and dismissed the case. Landlord sent a lease nonrenewal and termination notice to...

Tenant's Appeal of DHCR Decision Wasn't Filed Within 60 Days

October 21, 2016    

Tenant filed an Article 78 appeal of the DHCR’s decision that her building wasn’t subject to rent stabilization. The court ruled against tenant, who appealed and lost. Tenant didn’t file her Article...

Landlord's Lease Assignment to Lender Didn't Bar It from Commencing Eviction Case

September 26, 2016    

Landlord sued to evict rent-stabilized tenant for nuisance. Tenant asked the court to dismiss the case, claiming that landlord didn’t have a valid assignment of leases and rents. Landlord obtained the right to...

Tenant Claimed Landlord's Officer Wasn't Authorized to Sign Termination Notice

September 23, 2016    

(Decision submitted by Martin Sigal of the Law Offices of Judith M. Brener, attorneys for the landlord.)

Housing Court Had No Authority to Rule on Tenant's Motion for Unpaid Settlement Sum

August 21, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out by Oct. 31, 2013. In return, landlord agreed to waive...

Landlord Must Pay Tenant $4,600 for Discarding Possessions After Eviction

August 18, 2016    

Former tenant sued landlord after he was evicted based on loss of personal property. The marshal removed tenant’s property from the apartment and stored it in landlord’s garage at the building. Tenant...

Landlord Can't Use Sealed Records Against Tenant in Eviction Case

August 18, 2016    

Landlord sued to evict tenant, claiming that she used, or allowed use of, her apartment for illegal activity and the sale of narcotics. Tenant asked the court to strike any references to sealed records in the...

Short-Term Rental Company Mistakenly Entered Tenant's Apartment and Removed Possessions

August 18, 2016    

Tenant sued landlord in January 2010 after her possessions were mistakenly cleared out of her apartment in August 2009 while she was on vacation. In November 2010, tenant added to the lawsuit the real estate company...

Landlord Accepted Rent After Tenancy Termination But Before Starting Eviction Proceeding

July 21, 2016    

Landlord sued to evict tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord accepted rent after termination of the tenancy but before commencement of the proceeding. Landlord...