PROCEDURE-COURT

New Trial Needed on Whether to Evict Tenant for Illegal Drug Activity

November 19, 2015    

Landlord sued to evict tenant for illegal drug activity in a public housing apartment. The court ruled for landlord after a trial, finding that the apartment was used for the illegal business of packaging cocaine for...

Landlord's Investigation of Tenant’s Military Status Insufficient

October 20, 2015    

Landlord sued to evict tenant for nonpayment of rent. After tenant failed to answer or appear in response, landlord asked the court to be relieved of its obligation to file a sworn statement that tenant wasn’t...

Landlord Seeks Eviction of Occupant Living in Parking Garage

October 18, 2015    

Landlord sued to evict an occupant from two parking spaces located in the parking garage of a residential building after sending a notice to quit to the occupant as a licensee who no longer had permission to occupy...

Court Sets Aside Settlement Agreement

October 15, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, and they signed a settlement agreement in court. Tenant later obtained an attorney and asked the court to vacate the settlement. She now claimed...

Landlord's Notice to Quit to Squatter Didn't State Enough Facts

September 22, 2015    

Landlord sued to evict apartment occupant, claiming that he was a squatter. The court dismissed the case because landlord’s notice to quit was insufficient. The notice stated only that “Landlord elects to...

Landlord Should Have Started Eviction Case in Housing Court

September 19, 2015    

Landlord sued to evict tenant in the commercial landlord-tenant court, claiming that tenant was illegally living in the commercial unit. The court ruled for landlord. Tenant appealed and won. Tenant was living in the...

Landlord Didn't State Tenant’s Section 8 Status

August 24, 2015    

Landlord sued to evict Mitchell-Lama co-op tenant for nonpayment of monthly maintenance. The court granted tenant’s request to dismiss the case. Landlord claimed that when it started the case there was no HPD...

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...