PROCEDURE-COURT

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...

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...