RENT

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 $...

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....