PROCEDURE-COURT

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...

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....