PROCEDURE-COURT

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...

Court Rejects "Robo-Signed" Affidavits Seeking Default Judgments in Nonpayment Proceedings

April 15, 2013    

Various landlords, represented by the same attorneys, sued to evict tenants for nonpayment of rent. In each case, the tenant failed to answer the petition and landlord sought default judgments by submission of...

Landlord Omitted Some Co-Tenants from Case

April 15, 2013    

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed a breach of the warranty of habitability. The court ruled in part for landlord, awarding a judgment for $15,000, after a $5,000 abatement for...

Tenants Can't Sue Landlord for Rental Dispute in Federal Court

April 10, 2013    

Tenants sued landlord and real estate broker in federal court, claiming civil rights violations based on fraud. They paid a broker's commission and nearly one year's rent in advance but didn't sign a...

Court Papers Fatally Defective

March 14, 2013    

Landlord sued to evict tenant based on a clutter condition in the apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out by July 31, 2011, unless the apartment passed...

Tenant Died Before Judgment Entered in Eviction Proceeding

March 14, 2013    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. The case was adjourned in court a number of times during 2012. Tenant never appeared. Instead, tenant's nephew appeared, stating that...