PROCEDURE-COURT

Tenant Didn't Prove an Appeal of OTDA's Denial of Assistance Was Pending

May 23, 2023    

Landlord sued to evict tenant for nonpayment of rent. The case was later stayed automatically when tenant filed an ERAP application for rental assistance. Landlord later asked the court to vacate the ERAP stay. By...

Court Refuses to Lift ERAP Stay

May 23, 2023    

Landlord sued to evict tenant for nonpayment of rent. The case was automatically stayed after tenant filed an ERAP application with the state Office of Temporary and Disability Assistance (OTDA) in September 2021....

Landlord Didn't Properly Name Occupants in Nonprimary Residence Eviction Case

May 23, 2023    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The tenant was a nonprofit organization that provided supportive housing to adults with mental disabilities. Landlord also named "John Doe...

Eviction Proceeding Dismissed Because Landlord Had Accepted ERAP Funds Less Than One Year Earlier

April 26, 2023    

Landlord sued to evict tenant of a small building with two apartments over a storefront. At trial, neither landlord nor tenant were represented by attorneys. It was undisputed that in November 2021, OTDA issued, and...

Landlord Amended Eviction Petition Based on Nonpayment After Tenant Moved Out

April 26, 2023    

In March 2021, landlord sued to evict tenant for unpaid rent. It was undisputed that tenant thereafter surrendered possession of the property on June 2, 2021. In July 2021, landlord amended his court petition,...

Court Denies Landlord's Request to Lift ERAP Stay in Nonpayment Proceeding

April 26, 2023    

Landlord sued to evict tenant for nonpayment of rent in December 2019.  in February 2020, the parties, both represented by attorneys, signed a so-ordered settlement stipulation for $10,297 in back rent with...

ERAP Stay of Nonpayment Proceeding Applies to Section 8 Tenant

April 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's rent was subsidized through NYSHC's Section 8 Housing Choice Voucher Program. After the case was commenced, tenant filed an ERAP...

Court Strikes Tenants' Untimely Jury Demand in Eviction Case

March 27, 2023    

Landlord sued to evict tenants after terminating their month-to-month tenancy by 90-day notice. At some point, tenants filed a jury demand for trial. Landlord claimed that the demand was untimely and asked the court...

Acceptance of ERAP Funds Didn't Reinstate an Expired Tenancy or Create New Tenancy

March 27, 2023    

Landlord sued to evict an unregulated tenant after sending a 90-day nonrenewal/termination notice. Tenant asked the court to dismiss the case because landlord had accepted ERAP funds on tenant's behalf. The court...

Landlord Can't Make Second Request for Summary Judgment in Same Case

March 24, 2023    

Landlord sued to evict unregulated tenant based on termination of her monthly tenancy. In response, tenant claimed that the apartment was improperly deregulated and that she'd been overcharged. Landlord asked the...

Court Refuses to Vacate ERAP Stay Where Tenant Was Subsidized

March 24, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant lived in NYCHA Section 8 housing, so landlord sued tenant only for her portion of the outstanding rent. Tenant advised the court that she...

Landlord Served Holdover Petition Too Far in Advance

March 24, 2023    

Landlord sued to evict apartment occupant after tenant died or had permanently vacated the apartment, claiming that the occupant's license to live in the apartment had expired. Landlord filed its notice of...