RENT

NYCHA Tenant Can Be Evicted for Chronic Nonpayment of Rent

April 17, 2014    

NYCHA, after a hearing, terminated tenant's lease based on tenant's chronic failure to pay rent on time. Tenant filed an Article 78 court appeal, claiming that NYCHA's decision was unfair. The court ruled...

HPD Incorrectly Terminated Tenant's Section 8 Subsidy

April 16, 2014    

Tenant lived in a subsidized SRO unit under the Shelter Plus Care program. She moved out after HPD and landlord notified her that her two children were living without permission in the unit and that her Section 8...

Insufficient Proof of Chronic Nonpayment of Rent

February 17, 2014    

Landlord sued to evict elderly Section 8 tenant for chronic nonpayment of rent. Landlord claimed that, since 1991, it had to sue tenant for nonpayment at least 12 times. The court granted tenant's request to...

C of O Violation Doesn't Prevent Landlord from Pursuing Case

January 14, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case without a trial, claiming that the building had no valid Certificate of Occupancy (C of O) and that landlord therefore...

Tenant Responsible Only for His Portion of Section 8 Rent

January 13, 2014    

Landlord sued to evict Section 8 tenant for nonpayment of rent. The court ruled for landlord and denied tenant's request to vacate the portion of a final judgment that awarded landlord $17,650. Tenant appealed...

Tenant Didn't Violate Lease by Not Paying Electricity

December 16, 2013    

Landlord sent Section 8 tenant and HPD a notice to cure, claiming that tenant violated the terms of her lease by failing or refusing to pay electrical charges. Landlord then sent tenant a termination notice, followed...

NYCHA Didn't Properly Notify Tenant of Subsidy Termination

December 16, 2013    

NYCHA terminated tenant's Section 8 rent subsidy. Tenant then filed an Article 78 court appeal against NYCHA and landlord. NYCHA claimed that tenant's appeal was untimely. The court ruled for tenant. NYCHA...

Chronic Nonpayment Claim Dismissed

November 18, 2013    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that seven prior nonpayment proceedings were brought against tenant between 1994 and 2011. Tenant asked the court to...

HPD Must Reconsider Revoking Tenant's Rent Subsidy

November 15, 2013    

HPD terminated tenant's Section 8 rent subsidy after finding that tenant had misrepresented his income on his recertification affidavits. HPD had discovered that tenant owned unreported property in Florida....

Landlord Waived Rent from SRO Tenant

November 15, 2013    

Landlord sued to evict SRO cubicle tenant for nonpayment of rent. Landlord claimed that tenant owed rent at the rate of $9.61 per day since 2011. Tenant claimed the rent demand was improper. The court ruled for...

NYCHA Tenant's Subsidy Can Be Terminated for Fraud

November 15, 2013    

NYCHA terminated tenant's Section 8 rent subsidy on the grounds of fraud. Tenant appealed and lost. Substantial evidence supported NYCHA's decision. Tenant engaged in a scheme with his landlord to submit...

DHCR Upholds Rent Paid at Time of Foreclosure Sale

October 13, 2013    

Landlord asked the DHCR to determine the legal rent of tenant's apartment after purchasing the building in a foreclosure sale. Landlord acknowledged receiving a rent ledger listing tenant's monthly rent as $...