PROCEDURE-COURT

Tenant May Need Guardian Ad Litem

March 24, 2014    

Landlord sued to evict tenant, whose family claimed that tenant needed a guardian ad litem (GAL) during the court proceeding. The court ruled against tenant, who appealed and won. The appeals court sent the case back...

Tenant Can't Vacate Settlement Agreement

March 20, 2014    

Landlord sued to evict tenant and tenant's sister. Both sides were represented by attorneys and signed a settlement agreement in court. Tenant and her sister later asked the court to vacate the agreement,...

Tenant with Overcharge Claim Can Vacate Settlement Agreement

March 19, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later obtained an attorney and asked the court to vacate the agreement and...

Landlord Didn't Properly Identify Regulatory Status in Petition

February 19, 2014    

Landlord sued to evict cooperative tenant shareholder for breaching its lease. Landlord claimed that tenant's subtenant made excessive noise in the apartment. Tenant asked the court to dismiss the case because...

Court Can't Default Tenant for Not Making Interim Rent Payment

February 19, 2014    

Landlord sued to evict month-to-month tenant. Tenant claimed that he had a five-year renewal option after his leases expired in 2009 and that he had renewed the lease. Landlord argued that the renewal option was...

Tenant Can't Vacate Default Judgment

February 19, 2014    

Landlord sued to evict tenant for nonpayment of rent in April 2013. Tenant answered the petition and claimed a number of defenses. The case was adjourned several times before the court ordered that the parties must...

Landlord Didn't Comply with Settlement Terms

February 19, 2014    

Landlord sued to evict unregulated tenant of a two-family house for nonpayment of rent. Landlord and tenant signed a settlement agreement that converted the case to a holdover proceeding. Tenant...

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...