PROCEDURE-COURT

ERAP Stay Vacated Because Co-Tenant Was Already Denied ERAP Assistance

December 20, 2022    

Landlord sued to evict tenant for nonpayment of rent. Tenant filed an ERAP application, which automatically stayed the eviction proceeding. Landlord then asked the court to vacate the ERAP stay, pointed out that a co...

Court Vacates ERAP Stay Where Landlord Waived Rent Arrears and Tenant Lived Elsewhere

December 20, 2022    

Landlord sued to evict month-to-month tenant. Tenant answered and applied for ERAP relief, which stayed the holdover proceeding. After waiting nine months without resolution of the ERAP application, landlord asked...

Court Denies Landlord's Request to Vacate ERAP Stay

November 25, 2022    

Landlord sued to evict tenant in Ithaca City Court. Tenant then filed an ERAP application, which automatically stayed the case pending a ruling by the State Office of Temporary and Disability Assistance (OTDA) on...

Landlord Filed Affidavit of Service of Petition Late

November 24, 2022    

Landlord sued to evict tenant after terminating her month-to-month tenancy. Tenant applied for ERAP assistance and the case was stayed automatically pending a decision on the application by the NY Office of Temporary...

Jury Waiver Clause in Tenant's Lease Was Enforceable in Federal Court Action

November 24, 2022    

A co-op shareholder tenant sued landlord co-op corporation in federal court, claiming discrimination in violation of the Fair Housing Act. At some point, landlord asked the court to strike a jury demand made by...

RPAPL Section 226-c Didn't Require Personal Service of Lease Nonrenewal Notice

November 24, 2022    

Landlord sued to evict unregulated tenant after sending a 90-Day Notice of Intent Not to Renew Tenancy. Tenant advised the court that he had filed an ERAP application, which resulted in an automatic stay of the...

Court Won't Vacate ERAP Stay Where Landlord Presents No Proof of Nuisance

November 23, 2022    

Landlord sued to evict Yonkers tenant for violating his lease by permitting more than three people to live in his apartment. Landlord also claimed that tenant had damaged the apartment and that he threatened the...

Federal Court Dismisses Tenant's Case Against Landlord, HPD, and Housing Court Judge

November 23, 2022    

Tenant brought a lawsuit in federal court against his landlord, an HPD representative, another building tenant, an attorney from landlord's office, and the housing court judge who was presiding over a case by...

Court Refuses to Vacate ERAP Stay During Pending Holdover Proceeding

November 23, 2022    

Landlord sued to evict tenant's unregulated tenancy. The proceeding was stayed when tenant applied for assistance under the Emergency Rental Assistance Program (ERAP). Landlord then asked the court to vacate the...

Landlord Held in Civil Contempt for Noncompliance with Court Order

November 23, 2022    

Tenants sued landlord, seeking a finding of contempt against landlord for violating a March 25, 2022, court order to make repairs and pay a $212,455 penalty for failure to timely correct the violations. Tenant also...

Nuisance Holdover Dismissed for Failure to Serve Petition Properly

November 23, 2022    

Landlord sued to evict NYCHA Section 8 tenant for creating a nuisance. Tenant asked the court to dismiss the case for failure to state a cause of action. Tenant said that landlord didn't properly serve NYCHA with...

Landlord Didn't Show Due Diligence in Serving Holdover Petition

October 25, 2022    

Landlord sued to evict tenant in October 2021 while the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) was in effect. Tenant initially filed a Hardship Declaration and, when CEEFPA expired, filed...