PROCEDURE-COURT

Housing Court Can Decide Adult Care Facility's Eviction Case Against Resident

July 20, 2016    

Owner of adult care facility sued to evict resident, claiming that he breached the admission agreement by his conduct and failure to follow facility rules. Landlord had terminated the admission agreement and brought...

Tenants Can Block Landlord from Starting Eviction Proceedings

July 20, 2016    

After tenants received 30-day termination notices from landlord, they asked the court for a preliminary injunction to stop landlord from commencing eviction proceedings in housing court after the 30-day period was up...

Landlord's Termination Notice Didn't Comply with HUD Handbook Requirements

May 18, 2016    

Landlord sued to evict HUD Section 8 tenant for illegal use of tenant’s apartment. Tenant was 80 years old and had lived in the apartment for 40 years. Tenant’s son and grandson were arrested in the...

Tenant Can't Vacate Post-Eviction Settlement Agreement

May 17, 2016    

Landlord sued to evict tenant and obtained a final judgment based on tenant’s failure to appear in court. Tenant and her subtenants were evicted. Tenant later sought to vacate the default judgment and, after...

Landlord Failed to Plead Section 8 Status

April 26, 2016    

Landlord sued to evict tenants for nonpayment of rent. Tenants consented to a final judgment in landlord’s favor and issuance of an eviction warrant, but eviction was stayed for tenants to pay $5,120. Tenants...

Landlord Can't Get Money Judgment Without Personal Delivery of Court Papers to Tenant

April 26, 2016    

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

Landlord Can Seek Eviction of Bankrupt Tenant

January 25, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because she had filed for bankruptcy. The court ruled against tenant who appealed and won. Although tenant’s...

Federal Court Can't Rule on Tenant's Claim

December 20, 2015    

Landlord NYCHA evicted tenant after obtaining a judgment and warrant from housing court. Tenant later sued in federal court a moving company used by a New York City marshal to remove and store tenant’s...

Commencing Nonpayment Proceeding After Starting Holdover Case Reinstated Tenancy

December 20, 2015    

Landlord sued to evict Section 8 tenant based on tenant’s breach of lease obligations by underreporting her income. Landlord and tenant signed a settlement agreement in court by which tenant agreed to repay the...

Tenant Needs Guardian Ad Litem

November 25, 2015    

Landlord sued to evict rent-stabilized tenant for illegal subletting. Landlord and tenant signed a settlement agreement in court. Tenant was represented by an attorney. Tenant agreed to move out. Landlord waived over...

Tenant’s Default Vacated in Nonpayment Case

November 25, 2015    

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent. The court ruled for landlord based on tenant’s default. Tenant appealed and won. Tenant’s single nonappearance in court wasn’t...