PROCEDURE-COURT

Tenant with Overcharge Claim Can Vacate Settlement Agreement

December 17, 2014    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to move out and landlord was granted a judgment of possession. Tenant later...

Landlord Can't Seek Rent Without Multiple Dwelling Registration

November 25, 2014    

Landlord sued tenant for nonpayment of rent. Tenant had never moved into the apartment and asked the court to dismiss the case. The court ruled for tenant, and landlord appealed. The appeals court ruled against...

Court Vacates Settlement Agreement as Too Harsh

November 21, 2014    

Landlord sued to evict project-based Section 8 tenant based on illegal drug activity at tenant's apartment. Landlord and tenant signed a settlement agreement in court by which tenant agreed to move out. Tenant...

GAL Appointed for Tenant's Son After Tenant Moved to Assisted Living

October 24, 2014    

Landlord NYCHA sued to evict tenant for nonpayment of rent. The court appointed a guardian ad litem (GAL) for tenant. Landlord and tenant then signed a court-ordered settlement by which landlord obtained a judgment...

Court Vacates Default Judgment Against Imprisoned Tenant

October 15, 2014    

Landlord sued to evict rent-controlled tenant for unauthorized subletting. The court ruled...

Landlord's Appeal of HPD Ruling Was Untimely

September 25, 2014    

Landlord filed an Article 78 court petition against HPD, seeking to reverse the agency's ruling that his 2011 building registration wasn't valid. Landlord asked the court for an order directing...

Landlord's Cure and Termination Notices Too Vague

September 21, 2014    

Landlord sued to evict tenant for violating substantial obligations of his month-to-month tenancy by chronic nonpayment of rent and by failing to provide access for repairs in May 2013. Tenant was in jail from 2010...

Tenant Waited Too Long to Vacate Money Judgment

August 18, 2014    

Landlord sued to evict tenants for nonpayment of rent. Landlord and tenants signed a settlement agreement in court, which included a payment schedule. After tenants failed to meet the payments, a money judgment was...

Tenant Can Appeal Ruling That She Violated Settlement Agreement

August 14, 2014    

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Landlord later asked the court to restore the case to the calendar and to issue an eviction warrant and a money judgment for...

Five Days Must Be Added to 10-Day Cure Notice That's Sent by Mail

July 17, 2014    

Landlord sued to evict tenant for violating her lease, after failing to comply with a notice to cure. Tenant claimed that the notice was defective because it didn't give tenant enough time to cure. The court...

Co-op Tenant Can't Stop Eviction by Separate Court Action

July 14, 2014    

Landlord cooperative corporation sued to evict shareholder tenant for nonpayment of maintenance. Landlord and tenant signed a settlement agreement in court by which tenant agreed to make payments toward maintenance...

Landlord Must Sue Tenant's Estate to Evict Deceased Tenant's Son

July 11, 2014    

Landlord sued to evict tenant's son, who was the sole beneficiary of deceased rent-stabilized tenant's estate. Landlord claimed that tenant's estate had breached a substantial obligation of the tenancy by...