RENT

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 $...

Landlord Charged Excessive Late Rent Fees

September 17, 2013    

Landlord sued to evict tenant, who failed to appear on an adjourned court date. The court ruled for landlord based on tenant's default, granting a judgment of possession and for unpaid rent. An eviction warrant...

Trial Needed to Determine Legal Rent

September 17, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed almost $9,000 at the rate of $959 per month. Tenant claimed that there was an agreement between landlord and HPD preventing...

Tenant Not Responsible for Unsubsidized Portion of Rent After Subsidy Terminated

September 17, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement, agreeing that she owed $5,600. Tenant later obtained an attorney and asked the court to vacate...

Stale Rent Defense Doesn't Require Dismissal of Nonpayment Claim

September 17, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed $79,000 for the period between October 2007 and February 2013. Tenant claimed that landlord had violated a prior...

Landlord Waited Too Long to Appeal Suspension of Rent Subsidy

July 15, 2013    

Landlord sued NYCHA, seeking retroactive payment of a suspended Section 8 rent subsidy for tenant's apartment. The court ruled for landlord, finding its demand untimely. The subsidy was suspended in 2009 after an...

Landlord Can't Recover Retroactive Section 8 Rent Subsidy

July 15, 2013    

Landlord sued HPD, seeking retroactive payment of tenant's Section 8 rent subsidy. HPD had suspended or terminated payment of the subsidy. HPD asked the court to dismiss the case. The court ruled for HPD....

Tenant Shows Rent Reduction Order Was in Effect

July 15, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The agreement gave landlord a judgment of possession and issuance of an eviction...

Landlord Accepted Rent After Sending Termination Notice

July 10, 2013    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting of her apartment. Tenant asked the court to dismiss the case without a trial. She claimed that landlord accepted payment of rent after service...

HPD Must Restore Disabled Tenant's Section 8 Subsidy

June 13, 2013    

Tenant sought Article 78 court review of HPD's decision to terminate her Section 8 rent subsidy for inaccurate income reporting. In March 2011, HPD had noticed a difference between what tenant reported as income...

Tenant Can't Evict Subtenants for Nonpayment

June 13, 2013    

Landlord sued to evict four tenants for nonpayment of rent. Landlord wasn't the building owner but was the prime tenant of the entire floor of the building where tenants' apartments were located. Tenants were...