PROCEDURE-COURT

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...

Tenant Can Vacate Settlement Agreement

June 16, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant had lived in the apartment for 19 years and claimed repairs were needed. Landlord and tenant signed a settlement agreement in court that...

Judgments Mistakenly State They Were Based on Settlement Agreement

May 16, 2014    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding it possession and rent arrears totaling $4,852. The court also awarded landlord attorney's fees in the amount of $3,900...

Federal Court Dismisses Former Tenant's Lawsuit Against Landlord

April 16, 2014    

Former rent-stabilized tenant sued landlord in federal court for a second time, claiming wrongful eviction. Tenant had been evicted in 1996 and, in 1998, sued landlord in state court. She claimed that landlord's...

Landlord Didn't State Tenant's Shelter+Care Program Status in Court Papers

April 16, 2014    

Landlord of HUD-subsidized building sued to evict tenant for creating a chronic nuisance. The court granted tenant's request to dismiss the case. Landlord's court papers contained basic misstatements and...

Tenant's Son Not a Required Party in Nonpayment Proceeding

April 15, 2014    

(Decision submitted by David M. Berger, Esq. of the Brooklyn law firm of Tenenbaum...