PROCEDURE-COURT

Court, Not DHCR, Must Rule on Tenants' Overcharge Claims

February 17, 2014    

Tenants sued landlord for rent overcharge in Civil Court. The court referred the overcharge claims to the DHCR and otherwise marked the case off calendar pending the DHCR's determination. Tenants appealed,...

Retaliatory Eviction Not Valid Defense to Nonpayment Claim

January 15, 2014    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and delayed eviction to give tenant 15 days to pay the rent arrears. Tenant appealed and won, in part. Tenant claimed that the court...

Petitioner Had No Landlord-Tenant Relationship with Tenant

January 14, 2014    

Petitioner, claiming that he was landlord, sued to evict tenant. Tenant claimed that it had no landlord-tenant relationship with petitioner and asked the court to dismiss the case. Landlord argued that tenant became...

Did Landlord's Nonmilitary Affidavits Contain False Statements?

December 16, 2013    

Landlord entities for several buildings...

Tenant's Appeal of HPD Decision Filed Too Late

December 16, 2013    

Former Mitchell-Lama tenant filed an Article 78 court appeal of HPD's decision to revoke her Section 8 rent subsidy. HPD claimed that tenant's appeal was filed too late. The court ruled for HPD and dismissed...

Termination Notice Didn't Specify Illegal Activity

December 16, 2013    

Landlord sued to evict tenant for using her apartment for illegal or immoral purposes. The court granted tenant's request to dismiss the case without a trial. Landlord started the case after the police made...

Landlord Can't Bring Nonpayment Case Against Non-Tenant

December 16, 2013    

Landlord sued to evict occupant of HPD co-op apartment for nonpayment of rent, claiming that tenant owed over $15,000 for a 13-month period. Occupant claimed that landlord waited too long to seek eviction for...

Landlord Needn't Send Notices to Tenant in Brazil

December 16, 2013    

Landlord sued to evict tenant and apartment occupant, claiming unauthorized subletting. The court denied a request by tenant and occupant to dismiss the case without a trial. They appealed and lost. Occupant didn...

Tenant Waited Too Long to Appeal Subsidy Termination

November 15, 2013    

NYCHA terminated tenant's Section 8 rent subsidy. Tenant appealed NYCHA's decision after landlord started an eviction proceeding against her for nonpayment. The court and appeals court ruled against tenant...

Appeals Court Improperly Reversed Trial Court's Ruling

November 15, 2013    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after trial. Tenant appealed and lost, then appealed again and the court's decision was reversed. Landlord then...

Default by Incarcerated Tenant Excused

November 13, 2013    

Landlord sued to evict rent-controlled tenant for unlawful subletting without landlord's permission. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to...

Landlord Didn't Properly Present Process Server's GPS Records

October 13, 2013    

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant claimed that landlord failed to serve the court papers properly and therefore the court had no jurisdiction over her. The court held...