PROCEDURE-COURT

Tenant Can't Challenge Eviction in Federal Court

October 10, 2013    

Tenant sued new landlord in federal court after landlord started an eviction proceeding against her. The court dismissed the case. Any challenge tenant might have to her eviction arises under New York State law...

Landlord Must File Article 78 Petition to Challenge Unpaid Subsidies

October 8, 2013    

Landlord sued NYCHA in Civil Court for breach of contract, seeking the recovery of unpaid federally funded Section 8 rent subsidies and consequential damages. NYCHA asked the court to dismiss the case, arguing that...

Settlement of RICO Claim Between Landlord and Tenants Upheld

October 8, 2013    

A large group of 20,000 current and former rent-stabilized and rent-controlled tenants sued landlord, claiming that landlord engaged in a conspiracy to fraudulently increase rents in violation of the...

Landlord Can't Base Holdover Proceeding on Nonpayment of Rent

September 17, 2013    

Landlord sued to evict tenant based on nonpayment of rent. But landlord filed a holdover proceeding instead of a nonpayment proceeding. The court ruled that this was procedurally incorrect and dismissed the case....

Landlord Improperly Obtained Default Judgment and Eviction

September 17, 2013    

Landlord sued to evict tenant co-op shareholder for nonpayment of monthly maintenance. Tenant never answered or appeared in housing court. Landlord then sought a default judgment and issuance of an eviction warrant....

No Eviction Permitted Where Occupant Not Shown Referee's Deed

September 17, 2013    

Purchaser of a foreclosed property sued to evict property occupant, who had owned the building prior to the foreclosure. The occupant asked the court to dismiss the case, claiming that new owner had failed to exhibit...

Court Won't Appoint GAL for Occupant

September 17, 2013    

Landlord sued to evict apartment occupant, claiming that he was a mere licensee of deceased tenant. Landlord and occupant signed a settlement agreement in court. Occupant agreed to move out by July 31, 2013, to pay...

Rent Demand Signed by Managing Agent Was Valid

August 7, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The trial court ruled for landlord and found that tenant owed $11,680. Tenant appealed and lost. Tenant then appealed to a higher court and lost...

Tenant Association Can't Appear in Court Proceeding Without Attorney

August 6, 2013    

The DHCR granted landlord's application for MCI rent hikes. The building's tenant association filed an Article 78 appeal, challenging the rent increases. The court and appeals court ruled against tenants. One...

Landlord Didn't Deliver Court Papers to Tenant's Alternate Address

August 6, 2013    

Landlord cooperative corporation sued to evict tenant shareholder for unauthorized sublet of tenant's co-op apartment. Tenant asked the court to dismiss the case based on improper delivery of its court papers....

Landlord's Notices Were Insufficient and Improperly Served

July 15, 2013    

Landlord sued to evict rent-controlled tenant, who failed to appear in court. Landlord claimed that tenant didn't provide access to the apartment on three separate occasions and created conditions that were a...

Termination Notice Signed by Landlord's Attorney Not Defective

July 10, 2013    

Landlord sued to evict tenant. Tenant asked the court to dismiss the case, claiming that tenant's 30-day termination notice was defective. Tenant claimed that the termination notice was signed only by landlord...