NEW YORK LAW JOURNAL

Eviction Case Against Tenant of Damaged Apartment Dismissed for Retaliatory Eviction

October 25, 2022    

Landlord sued to evict tenant in 2022 after terminating her tenancy. Tenant claimed retaliatory eviction and constructive eviction. Tenant had moved out of her basement apartment on a temporary basis several years...

Estate of Tenant Killed in Building Fire Sues NYCHA for Wrongful Death

October 25, 2022    

The estate administrator of a couple sued landlord NYCHA for personal injury and wrongful death after the couple died due to injuries suffered in an apartment building fire. NYCHA asked the court to dismiss the...

ERAP Stay Remains in Place Despite Tenant's Behavior

October 25, 2022    

Landlord sued to evict month-to-month tenant in March 2020. In May 2021 landlord requested an inquest based on tenant's failure to appear in court. Tenant then filed a Hardship Declaration and the case was...

Landlord Didn't Attach Certain Notices to Its Eviction Petition

October 25, 2022    

Landlord, a supportive housing provider, sued to evict subtenant for breach of their occupancy agreement. Landlord attached the Notice of Termination to its petition, stating that subtenant failed to comply with...

Claimed Polyamorous Partner Can Seek Succession Claim to Rent-Stabilized Apartment

October 25, 2022    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed succession rights as a nontraditional family member. Landlord asked the court to rule against occupant without a trial...

Landlord Let Unauthorized Visitor Up to Tenants' Apartment

September 27, 2022    

Tenants sued landlord for negligence after one of them was attacked by a visitor whom tenants had asked landlord not to admit into the building because he had threatened them.

Holdover Petition Was Served Before Court Assigned Initial Return Date

September 27, 2022    

Landlord sued to evict tenant after tenant's lease expired. Landlord asked the court to vacate a stay of the holdover proceeding resulting from tenant's filing of an ERAP application. In response, tenant...

Landlord Gets Stay of Overcharge Findings Pending Appeal of Tenants' Class Action

September 27, 2022    

Tenants sued landlord in a class action, claiming rent overcharges resulting from an alleged scheme to charge market-rate rents for apartments while collecting J-51 tax benefits. Landlord denied tenants' claims...

Prospective Shareholder-Tenant Sues Landlord for Housing Discrimination

September 27, 2022    

A prospective tenant sued landlord housing cooperative for housing discrimination. The plaintiff was a Black woman with a disabled son, whose housing application was denied. She alleged that landlord had a pattern...

Licensee Holdover Proceeding Dismissed for Not Naming Shareholder-Tenant as Party

September 27, 2022    

Landlord brought a licensee holdover proceeding to evict the daughter of a shareholder-tenant in a limited income housing cooperative. Landlord asked the court for a ruling without trial because HPD had ruled that...

Eviction Proceeding Dismissed Due to Insufficient Termination Notice

September 27, 2022    

Landlord sued to evict tenant in 2020 based on failure to remove illegally erected apartment partitions and illegal subletting. Landlord had issued a notice to cure and termination notice in late 2019. Tenant asked...

Eviction Proceeding Dismissed Where Proof of Service Not Timely Filed

September 27, 2022    

Landlord sued to evict tenant and served its notice of petition and petition in compliance with RPAPL Section 735. Three days later, landlord filed proof of service of the petition. This was nine days before the...