NEW YORK LAW JOURNAL

Landlord's Former Employee Claims Lease Continues Despite Employment Termination

July 21, 2022    

Landlord sued to evict tenant, who was landlord's former employee. Landlord claimed that the tenancy was subject to employment, which had been terminated. Tenant argued that he had a five-year lease that...

Court Won't Dismiss HP Proceeding Against NYCHA Based on Unreported HPD Violations

June 27, 2022    

Tenant sued landlord in an HP proceeding, seeking an order to correct housing violations as well as a finding that landlord had harassed her. In response to the case, HPD inspected and found 13 unreported violations...

Landlord Can't Evict Nonprofit Under RSC Section 2520.11(f)

June 27, 2022    

Landlord sued to evict a charitable non-for-profit organization that was a successor in interest to landlord's former month-to-month tenant, which was also a charitable not-for-profit. Landlord claimed that the...

Landlord Gets Interim Order Against Tenant to Clear Collyer Conditions

June 14, 2022    

Landlord sued to eject rent-stabilized tenant based on claimed "Collyer" conditions in tenant's apartment. While the case was pending, landlord brought an order to show cause asking the court to order...

Landlord Who Removed Terrace Screen in Apartment Harassed Tenant

June 14, 2022    

Tenant brought an HP proceeding in housing court, claiming that landlord had harassed her. She also asked for a restraining order and restoration of a terrace screen outside her apartment. She claimed that landlord...

Eviction Proceeding Was Retaliatory After Tenant Complained to HPD

June 14, 2022    

Landlord sued to evict tenant. Tenant asked the court to dismiss the case without trial. She claimed that the eviction action was retaliatory. Landlord sued to evict tenant after she made numerous good-faith...

Court Certifies Class Action for Claims of Improper Deregulation and Rent Overcharge

June 14, 2022    

Two building tenants sued landlord for rent overcharge and asked the court for certification as a class action. In connection with that, they also asked the court to direct landlord to provide contact information for...

Court Lets Eviction Stand, Despite Late-Filed ERAP Application

May 25, 2022    

Landlord sued to evict unregulated tenants for nonpayment of rent in December 2019, claiming that tenants owed $14,000 for the period between May and November 2019. In January 2020, landlord and tenants stipulated in...

Landlord Can Proceed with Eviction Delayed Since March 2020 by Pandemic

May 25, 2022    

Landlord sued to evict unregulated tenant after the tenancy terminated. The court granted landlord a judgment of possession and issuance of an eviction warrant, with execution on the warrant stayed through March 31,...

Landlord's Service of Court Papers on NYCHA Didn't Comply with Williams Consent Decree

May 25, 2022    

Landlord sued to evict Section 8 tenant for creating a nuisance. Prior to commencing the housing court proceeding, landlord had served a notice to cure on tenant, claiming that tenant had engaged in criminal conduct...

Tenant Gets 30% Rent Abatement for Breach of Warranty of Habitability

April 27, 2022    

Landlord sued former tenant for unpaid rent after tenant moved out. Landlord claimed that tenant owed $7,850, and held on to tenant's $2,150 security deposit when tenant vacated. Tenant had moved out in November...

Tenant's Son Doesn't Prove Succession Rights

April 26, 2022    

The son of a deceased tenant filed an Article 78 court appeal of HPD's decision to deny his claim for succession to tenant's apartment. The court ruled against the son, who appealed and lost. While HPD was...