RENT

Did Landlord Wait Too Long to Seek Eviction?

January 21, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent totalling $52,000. Landlord had refused to accept rent directly from tenant's daughter, who claimed succession rights. Tenant asked the court...

Landlord Can Evict Tenant for Chronic Nonpayment of Rent

January 20, 2015    

(Decision submitted by Todd I. Nahins of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., attorneys for the landlord.)

Section 8 Tenant Not Responsible for Full Rent After Subsidy Terminated

December 7, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant had received a Section 8 subsidy in the past, but landlord now sought the full rent arrears from tenant. The court ruled for landlord. Tenant appealed and...

Late Charge Was Excessive

November 17, 2014    

No Proof Tenant's Parents Paid Rent Arrears

October 27, 2014    

Former landlord sued tenant for $10,000 in back rent owed for the period between September 2009 and June 2010. Tenant claimed that her parents had paid the rent. The trial court ruled for landlord. Tenant appealed...

Landlord Must Accept DSS Shelter Allowance Payments as Rent

October 27, 2014    

Landlord sued to evict rent-stabilized Section 8 tenant for nonpayment of rent. Tenant claimed that it had tendered the rent claimed due but that landlord had rejected the payment. Tenant also claimed that landlord...

Co-op Didn't Prove Tenant's Share of Maintenance Claimed Due

October 27, 2014    

Landlord sued to evict cooperative shareholder-tenant for nonpayment of rent or maintenance charges. Tenant claimed landlord's rent demand was improper and asked the court to dismiss the case. He argued that...

Insufficient Proof of Chronic Nonpayment of Rent

October 24, 2014    

Landlord sued to evict rent-stabilized tenant in 2013 for chronic nonpayment of rent. Tenant had received a rent subsidy from Housing Stability Plus (HSP), a state program under the Department of Homeless Services....

Chronic Nonpayment Claim Dismissed

September 26, 2014    

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant in turn sought $10,000 in damages for apartment conditions. Landlord had brought three prior nonpayment proceedings against tenant between 2012 and...

Landlord Entitled to Post-Judgment Use and Occupancy

September 26, 2014    

Landlord sued to evict tenant and obtained a final judgment of possession plus an award of rent arrears through March 2012. Tenant was evicted in July 2012. Landlord then sued tenant in small claims court for use and...

Tenant Vacated at Landlord's Request

September 26, 2014    

Former tenant sued landlord in small claims court, seeking return of his $1,600 security deposit. Landlord in turn asked for $5,000 in unpaid rent. The court ruled for tenant but also ruled that landlord was entitled...

Landlord Can't Void Preferential Rent Due to Nonpayment

September 26, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay the back rent owed in installments. When tenant's...