RENT

Court Partially Vacates ERAP Stay Beyond 15 Months' Outstanding Rent

February 22, 2023    

A Mt. Vernon landlord sued to evict tenant for nonpayment of rent. Tenant lived in HUD project-based Section 8 housing. Tenant filed an ERAP application seeking rental assistance, resulting in an automatic stay of...

Westchester Court Vacates ERAP Stay, Finding Section 8 Tenant Unlikely to Get Funds

February 22, 2023    

Mt. Vernon landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant filed an ERAP application for rental assistance which, by law, stayed the eviction proceeding pending determination of the application...

OTDA Expected to Deny Tenant's Second ERAP Application

February 22, 2023    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed tenant owed back rent of $11,714 through February 2022. Landlord sought a default judgment when tenant failed to answer the petition. Tenant then...

Landlord Can Seek Back Rent from Rent-Controlled Successor Tenant

November 23, 2022    

In a prior eviction proceeding, the trial court granted succession rights to tenant's granddaughter who had lived for at least two years with rent-controlled tenant before tenant's death in December 2012. In...

Landlord Can't Add Deceased Tenant's Spouse as Party to Nonpayment Case

November 23, 2022    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant died before the trial date, and landlord asked the court to add tenant's surviving spouse as a party to the case, to substitute in...

Landlord Can't Amend Rent Amount Registered

November 22, 2022    

Landlord requested an administrative determination (AD) from the DHCR in 2021, seeking permission to amend its 2018 building registration summary and apartment registration for one apartment. Landlord said that the...

Court Grants $19K Money Judgment to Landlord for Former Tenants' Rent Arrears

October 25, 2022    

Landlord sued to evict tenants for nonpayment for rent arrears covering periods between August 2018 to August 2019. Landlord obtained a judgment of possession and tenants were evicted in 2019. Landlord later sued...

Landlord Couldn't Claim Nonpayment of Rent for Months Earmarked as Paid by ERAP

June 27, 2022    

Landlord sued to evict tenant for nonpayment of rent in February 2022. Landlord later asked the court for a default judgment after tenant failed to answer. The court ruled against landlord and dismissed the case....

Roommate Gets Stay of Tenant's Eviction Proceeding Based on ERAP Application Filing

May 25, 2022    

Tenant sued to evict his roommate in 2022. The roommate filed an ERAP application in February 2022. Tenant asked the court to vacate the ERAP stay since the case was a holdover proceeding, not a nonpayment proceeding...

Court Grants Landlord Partial Exemption from ERAP Stay

May 25, 2022    

Landlord sued to evict month-to-month tenants for nonpayment of rent in 2021. In 2022, tenants applied for ERAP assistance to pay arrears totaling $60,800 through March 2022. Landlord claimed that tenants weren't...

Landlord Can Amend Nonpayment Petition to Seek Alternate Increases Approved in Casado

May 25, 2022    

Landlord sued to evict tenant for nonpayment of rent in 2011. A few months later, based on the decision of NY's highest court in Casado v. Markus, landlord asked the court for permission to...

Landlord Can Seek from Guarantor Rent Arrears Falling Outside Pandemic Protection Period

May 25, 2022    

Landlord sued lease guarantor for a commercial tenant's rent arrears. The court ruled against landlord and dismissed the case. Landlord appealed, and the case was reopened. The unpaid rent sought by landlord...