PROCEDURE-COURT

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...

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...