NEW YORK LAW JOURNAL

Court Refuses to Vacate ERAP Stay During Pending Holdover Proceeding

November 23, 2022    

Landlord sued to evict tenant's unregulated tenancy. The proceeding was stayed when tenant applied for assistance under the Emergency Rental Assistance Program (ERAP). Landlord then asked the court to vacate the...

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...

Tenant's Son Can't Get Mitchell-Lama Co-op Apartment

November 23, 2022    

HPD denied the succession rights claim filed by the son of a Mitchell-Lama co-op tenant who died in 2009. The son then filed an Article 78 court appeal of HPD's decision. The court ruled against him. HPD found...

Landlord Held in Civil Contempt for Noncompliance with Court Order

November 23, 2022    

Tenants sued landlord, seeking a finding of contempt against landlord for violating a March 25, 2022, court order to make repairs and pay a $212,455 penalty for failure to timely correct the violations. Tenant also...

Nuisance Holdover Dismissed for Failure to Serve Petition Properly

November 23, 2022    

Landlord sued to evict NYCHA Section 8 tenant for creating a nuisance. Tenant asked the court to dismiss the case for failure to state a cause of action. Tenant said that landlord didn't properly serve NYCHA with...

Illegal Apartments Were Still Subject to Rent Stabilization

November 23, 2022    

New landlord sued to evict the three remaining tenants in its building. Tenants claimed they were rent stabilized and asked the court to dismiss the case. Landlord argued that tenants couldn't be rent stabilized...

Landlord Claims Tenant Refused Access for Repairs

November 23, 2022    

Landlord sued to evict tenant, claiming that he violated a substantial obligation of his tenancy by refusing to provide access to inspect, make repairs, and correct violations. Landlord sent tenant a Notice to Cure...

Illegal Units in Landlord's Building Are Subject to Rent Stabilization

October 25, 2022    

New landlord sued to evict the last three remaining tenants in its building. Landlord claimed that the apartments couldn't be subject to rent stabilization because they were illegal apartments under NYC Admin....

Co-op Shareholder Tenant Denied Injunction to Stop Board from Terminating Lease

October 25, 2022    

A cooperative shareholder tenant sued landlord cooperative corporation and asked the court for a preliminary injunction to stop landlord from terminating his proprietary lease. Landlord had sent tenant a notice...

Nonmonetary Obligations Validated Lease Between New Landlord and Tenant

October 25, 2022    

Landlord sued to evict tenant, who had been the building's prior owner. In 2015 when the building was sold, new landlord gave tenant a lease permitting tenant to live in a portion of the property for 12 years...

Landlord Didn't Show Due Diligence in Serving Holdover Petition

October 25, 2022    

Landlord sued to evict tenant in October 2021 while the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) was in effect. Tenant initially filed a Hardship Declaration and, when CEEFPA expired, filed...

Nuisance Claim Dismissed for Lack of Proof Against Tenant

October 25, 2022    

Landlord sued to evict tenant for creating or permitting a nuisance in her apartment. At trial, landlord's managing agent testified that small groups of people assumed to be tenant's guests smoked, drank,...