PROCEDURE-COURT

Tenant Can Sue Landlord in Small Claims Court

August 18, 2015    

Tenant sued landlord in small claims court for $3,300, claiming that landlord’s failure to make proper repairs caused damage to her personal property. The court ruled against tenant, finding that tenant’s...

Acceptance of Rent After Termination Didn’t Invalidate Termination Notice

July 24, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant’s request to dismiss the case because landlord had accepted two rent checks from tenant after tenant’s...

Tenant Can Seek Relocation Expenses in HP Proceeding

May 14, 2015    

Tenant brought an HP proceeding against landlord, seeking correction of building violations. Landlord, tenant, and HPD signed a Consent Order for correction of the violations issued by HPD in November 2014 and a...

Landlords Can Sue NYCHA for Failing to Process Rent Increase Applications

April 20, 2015    

Nineteen landlords sued NYCHA. In their Article 78 mandamus proceeding, they claimed that NYCHA arbitrarily delayed or refused to even acknowledge receipt of, routine requests for rent increases available under the...

Eleventh Amendment Bars Tenant's Federal Lawsuit Against Judges

March 18, 2015    

Tenant sued Appellate Term judges, court clerk, and landlord's attorneys in federal court, based on decisions against him in eviction proceedings. The court dismissed the case. Among other things, the court ruled...

Occupant Can't Stop Eviction Proceeding in Federal Court

March 18, 2015    

A family member claiming succession rights sued landlord NYCHA in federal court, in connection with a pending eviction proceeding commenced by NYCHA against him. The family member claimed that he had been...

Traverse Hearing Needed to Show Whether Tenant Defaulted

March 18, 2015    

Landlord sued to evict tenant for nonpayment. The court ruled for landlord based on tenant's failure to answer the petition. Tenant then asked the court to vacate the default, claiming that he had an excuse for...

Evicted Tenant Can't Sue Landlord in Federal Court

February 17, 2015    

Former tenant sued landlord in federal court, claiming civil rights violations due to illegal eviction and that landlord took him to criminal court. Landlord asked the court to dismiss the case as frivolous. The...

Estate Administrator Can't Bring Eviction Case

February 14, 2015    

The administrator of the estate of a co-op apartment owner sued to evict the owner's son after sending a 30-day termination notice. The son claimed that he was entitled to the co-op shares, had lived there for...

Landlord Can Restore Case After 16 Months

January 26, 2015    

Landlord sued to evict tenant for making unauthorized apartment alterations. Both sides were represented by attorneys and agreed to mark the case off the court's calendar while conducting pretrial questioning and...

Landlord Named in Petition Wasn't Building Owner

December 22, 2014    

Landlord sued to evict tenant. Landlord claimed that tenant created a nuisance and substantially breached his lease by chronic nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord...

Landlords Can Proceed with Challenge to 2014 Rent Stabilization Code Amendments

December 22, 2014    

Landlords, RSA, CHIP, and other organizations sued the DHCR to challenge the agency's extensive January 2014 amendments to the Rent Stabilization Code, including amendments that established a Tenant Protection...