PROCEDURE-COURT

Court Investigates 25 Nearly Identical Nonmilitary Affidavits

July 10, 2013    

Landlord sued to evict 25 tenants of different apartments in different buildings in separate summary nonpayment proceedings. When tenants failed to answer, landlord sought default judgments and filed sworn statements...

Owner Can File Ejectment, Not Eviction, Proceeding

July 10, 2013    

Owner of a residence sued to evict her sister-in-law, claiming that the sister-in-law's license to reside in the premises as her marital residence had been revoked. The court dismissed the case. A licensee is...

Landlord Can Seek Eviction of Deceased Tenant's Sister

July 10, 2013    

Landlord sued to evict deceased tenant's sister for nonpayment of rent. The court denied landlord's request for a default judgment when the sister failed to appear in court. Landlord appealed and won....

Landlord Can Sue Month-to-Month Tenant for Nonpayment

June 13, 2013    

Landlord sued to evict month-to-month tenant for nonpayment of rent. Tenant asked the court to dismiss the case. He claimed that as a matter of law and procedure a landlord couldn't bring a nonpayment proceeding...

Apartment Occupant Wasn't a Licensee

June 11, 2013    

Building owners sued to evict their sister, who occupied an apartment in the building. The owners claimed that the sister was a licensee and no longer had permission to occupy the apartment. They served a 10-day...

Landlord of Unregistered Multiple Dwelling Can't Get Default Judgment

June 11, 2013    

Landlord sued tenant for back rent owed. After tenant failed to appear in court, landlord asked for a default judgment against tenant. The court noted that, in a prior nonpayment proceeding brought against another...

Landlords Can't Sue HUD for Claimed Violations of Housing Act

June 10, 2013    

Landlords of Flatbush Gardens housing complex sued HUD. They claimed that they entered into separate but identical HAP contracts with NYCHA providing for their participation in the Section 8 program for certain...

Tenant Claims He Wasn't Served and Didn't Sign Agreement

June 10, 2013    

Landlord sued to evict tenant for nonpayment of rent. The court granted a default judgment in landlord's favor based on tenant's failure to appear in court. Tenant later asked the court to vacate the default...

Landlord Misstated Tenant's Rent-Stabilization Status

June 10, 2013    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case during trial, after landlord presented its petition stating that tenant wasn't subject to rent stabilization. The...

GAL Needed for Disabled Tenant in Nonpayment Proceeding

May 13, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord sought $1,090, covering seven months at $165 per month. The building was formerly a Mitchell-Lama rental but was currently a fair market rental. Tenant...

Tenants' Article 78 Appeal Dismissed as Untimely

April 16, 2013    

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett, N.Y., law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

Tenant Can't Challenge Eviction in Federal Court

April 15, 2013    

Former tenant sued landlord, a city marshal, an administrative judge, and a court clerk in federal court after he was evicted following a landlord-tenant summary proceeding in housing court. Tenant claimed various...