RENT

Rent Demand Didn't Set Forth Good Faith Approximation of Rent Arrears

October 28, 2020    

New landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand was defective and asked the court to dismiss the case. The court ruled for tenant. Landlord sought $25 per...

Tenant's Earmarked Rent Payments Covered Period of Claimed Arrears

October 28, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenants asked the court to dismiss the case, claiming that the rent demand failed to give credit for payments made and received by landlord for almost every month...

Landlord Must Pay NYCHA Back $28,000 for Overpaid Rent Subsidy

September 27, 2020    

NYCHA sued landlord condominium unit owner for failing to reimburse $28,000 for overpayment of Section 8 subsidy payments. Landlord had rented his apartment to tenant while NYCHA made monthly Section 8 payments to...

On-Time Preferential Rent Provision in Lease Was Illegal

June 26, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $15,500. Landlord noted that tenant was charged a preferential rent provided that rent was paid on time. Tenant argued that...

Landlord Started Eviction Case in Retaliation for Tenant's Refusal to Pay Added Fees

June 26, 2020    

Landlord sued to evict unregulated tenant, who claimed that landlord's action was retaliatory, in violation of Real Property Law Section 223-b.  The court ruled for tenant. An HRA program paid most of tenant...

Landlord Must Offer HUD Tenant Repayment Plan

May 25, 2020    

Landlord sued to evict HUD housing tenant for nonpayment of rent. Tenant asked the court to dismiss the case for lack of subject matter jurisdiction and failure to state a cause of action. The court found that tenant...

Landlord Can't Collect Rent in Building Without Valid C of O

May 25, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord couldn't collect rent because the building didn't have a proper Certificate of Occupancy (C of O). The court ruled for tenant...

Landlord Sued for Nonpayment of Rent Not Yet Agreed Upon

May 25, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Landlord sought unpaid rent at the monthly rate of $1,174 listed in tenant's 2019 lease. But tenant didn't...

Landlord Can't Seek Rent from Tenant's Successor Without Lease

May 23, 2020    

Landlord sued to evict former Starrett City Mitchell-Lama tenant's son for nonpayment of rent since August 2016, when tenant's last lease expired. The son had claimed successor status after tenant died. The...

Landlord's New Rent Demand Wasn't Barred by Settlement of Prior Case

May 20, 2020    

(Decision submitted by Linda S. Burton of the Lynbrook law firm of Burton & Burton, P.C., who represented the landlord.)

Landlord, a Mitchell-Lama cooperative, sued to evict tenant for nonpayment...

Landlord Raised Section 8 Rent When Tenant Refused to Downsize

March 24, 2020    

Landlord of privately owned, project-based Section 8 building sued to evict tenant for nonpayment of rent. Landlord had terminated tenant's housing assistance and charged her market-rate rent due to tenant's...

Fee on Late-Paid Rent Likely Unreasonable and Unenforceable

February 12, 2020    

Landlord sued tenant for nonpayment of base rent and additional rent owed under tenant's lease. The court ruled for landlord, finding that tenant defaulted in rent payments. Tenant appealed and won. The late fees...