PROCEDURE-COURT

Eviction Proceeding Based on Lease Violation Can't Be Based on Expired Lease

August 29, 2023    

Landlord sued to evict tenant for violating his lease based on complaints from other residents about tenant's behavior. Tenant failed to appear in court, and the court then held an inquest. The court ruled...

Landlord Can't Recover Use and Occupancy for Period Stemming from Discovery Delays

August 29, 2023    

Landlord sued to evict month-to-month tenant and apartment occupants after serving a 90-day termination notice. The respondents raised a number of defenses, and the court granted permission to conduct pretrial...

Termination Notice Didn't State That Landlord Had Accepted ERAP Funds

August 29, 2023    

Landlord sued to evict unregulated tenant after serving a 90-day termination notice. Tenant asked the court to dismiss the case because the termination notice was fatally defective. The 90-day notice made no mention...

Court Denies ERAP Stay for Apartment Squatter

July 26, 2023    

Landlord sued to evict an apartment occupant after the tenant died, claiming the occupant was either a licensee or a squatter. The occupant filed an ERAP application, and the court stayed the case. Landlord then...

Court Gives Tenant More Time to Seek Pre-Trial Questioning After ERAP Appeal Denied

July 26, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant showed that she had filed an appeal of OTDA's denial of her application to the Emergency Rental Assistance Program (ERAP). This stayed the eviction...

Landlord's Predicate Notices Didn't Support Claim

June 28, 2023    

Landlord sued to evict rent-stabilized tenant and apartment occupants based on tenant's failure to cure a breach of her lease agreement and Affordable Housing Program regulations by allowing unauthorized...

Nonpayment Proceeding Dismissed Due to Defective Rent Demand

June 28, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that the predicate rent demand was defective. The court ruled for tenant. The rent demand indicated a lump...

Landlord's Reliance on Termination Notice in Second Eviction Case Was Valid

June 28, 2023    

Landlord sued to evict tenant after serving a 90-day termination notice advising tenant this his lease wouldn't be renewed. Tenant asked the court to dismiss the case, claiming that the termination notice was...

Landlord's Case to Eject Tenant Transferred to Housing Court as Eviction Proceeding

June 27, 2023    

Landlord of a two-family house sued to eject occupant for failing to pay rent/use and occupancy and for creating a nuisance by accumulating garbage, which landlord claimed attracted vermin and insects to infest the...

Court Joins DSS to Eviction Case to Expedite Rent Assistance to Tenant

June 27, 2023    

Landlord sued to evict tenant for nonpayment of rent. The court assigned a guardian ad litem to assist tenant, determined to be a person not able to effectively defend his rights or protect his interests. By then,...

Failure to Use Notice of Petition Form Required Since 2019 Was Fatal Defect

May 23, 2023    

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant asked the court to dismiss the case, claiming that landlord used an outdated notice of petition form, failed to exercise reasonable...

Tenant Appeal of OTDA's Denial of ERAP Assistance Must Be Filed in Albany County

May 23, 2023    

A shareholder tenant in a co-op building applied for ERAP rental assistance from New York's Office of Temporary and Disability Assistance (OTDA). The co-op supported tenant's application. OTDA ruled that...