RENT

Landlord's Chronic Nonpayment Claim Dismissed for Insufficiency

August 18, 2016    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord claimed that due to nonpayment, it had to start nonpayment proceedings against tenant in 2008, 2009, 2013, and 2014. Tenant asked the court to...

Landlord Not Entitled to Additional Rent from Month-to-Month Tenant

August 17, 2016    

Landlord sued former tenant for unpaid rent and use and occupancy. The court ruled against landlord, who appealed and lost. At trial, tenant showed that he was a month-to-month tenant at the time he moved out, that...

Yonkers Housing Authority Wrongly Terminated Tenant's Rent Subsidy

August 16, 2016    

Tenant filed an Article 78 appeal to challenge Yonkers Housing Authority’s decision to terminate tenant’s participation in the housing voucher program. The court ruled for tenant. The housing authority...

Landlord Improperly Applied Rent Payments

July 21, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she had paid all the rent demanded in the petition. The court ruled for tenant, dismissed the case, and awarded tenant $2,350 based on...

HPD's Revocation of Tenant's Subsidy Was Too Severe a Penalty

June 27, 2016    

HPD terminated tenant’s Section 8 rent subsidy because tenant misrepresented his family composition. HPD ordered that the tenancy was terminated. Tenant filed an Article 78 appeal, claiming that HPD’s...

Landlord’s Oral Rent Demand Made Instead of Written Demand Was Sufficient

May 20, 2016    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $10,000. Tenant asked the court to dismiss the case, claiming that he never received a written three-day rent demand from landlord....

Landlord Waited Too Long to Seek Eviction

April 26, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed laches because landlord waited too long to start an eviction case based on nonpayment. The court ruled for tenant. Landlord sought back rent due...

Guarantor Responsible for Former Tenant's Unpaid Rent

April 26, 2016    

Landlord sued tenant’s guarantor after tenant moved out and owed rent arrears. The guarantor claimed that the guaranty was inadmissible evidence because it was less than the required eight-point type. The court...

Rent Concession Rider Providing for Late Payment of Rent Was Improper

March 23, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord based on tenant’s default but later granted tenant’s request to vacate the default judgment. Landlord...

Southampton Landlord Rented Without Town Permit

February 18, 2016    

Tenant sued landlord, seeking to rescind his lease for the summer rental of a Southampton property for $180,000. The court ruled for tenant. Landlord appealed and lost.  Shortly after the lease started in May...

Four Nonpayment Cases in 14 Years Didn’t Prove Chronic Nonpayment

February 18, 2016    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord claimed that it brought four prior nonpayment proceedings against tenant. Tenant asked the court to dismiss the case for failure to show a breach...

Did Mitchell-Lama Landlord Properly Collect HUD Excess Rent?

February 16, 2016    

Mitchell-Lama tenants brought a combined Article 78 proceeding and court action against landlord, claiming that landlord improperly increased their rents. Tenants claimed that landlord’s original mortgage was...