PROCEDURE-COURT

Termination Notice Improperly Delivered

January 13, 2013    

Landlord sued to evict tenant from project-based Section 8 housing. Tenant claimed that the 30-day tenancy termination notice was improperly delivered, so the case should be dismissed. The court ruled against...

Tenant's Lease Barred Jury Trial

January 13, 2013    

Landlord sued to evict tenant. Tenant demanded a jury trial. The court ruled against tenant because tenant's demand was untimely. Tenant appealed and lost. But the appeals court ruled against tenant for a...

Presumption of Retaliatory Eviction Doesn't Apply

January 11, 2013    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed retaliatory eviction as a defense, because landlord started the case within six months after tenant complained to HPD about apartment conditions....

Tenant Waited Too Long to Appeal Subsidy Termination

December 11, 2012    

Tenant filed an Article 78 petition, appealing NYCHA's decision to terminate her Section 8 rent subsidy. The court ruled against tenant and dismissed the case. Tenant appealed and lost. Tenant received NYCHA'...

Landlord Didn't State Tenant's Regulatory Status

December 11, 2012    

Yonkers landlord sued to evict tenant based on a clutter condition in tenant's apartment. Landlord and tenant signed a settlement agreement in court. Tenant , who was represented by an attorney, agreed that he...

Eviction Proceeding Dismissed for Procedural Defects

November 16, 2012    

Landlord sued to evict tenant after sending a 30-day termination notice. The court granted tenant's request to dismiss the case. First, the termination notice stated two different dates upon which the tenancy...

Tenant Can't Sue Courts After Losing Case

November 15, 2012    

Tenant sued her landlord, its managing agent, and a housing court judge, claiming that landlord overcharged her and failed to provide services, and that the housing court improperly ruled against her in a prior...

Tenant Improperly Notified of Subsidy Termination

November 15, 2012    

Landlord NYCHA terminated tenant's Section 8 subsidy. Tenant filed an Article 78 appeal of NYCHA's decision and sought retroactive reinstatement. NYCHA claimed that tenant's appeal was untimely because it...

Rent Demand Defective

October 10, 2012