NEW YORK LAW JOURNAL

Tenant Who Didn't Currently Occupy Apartment Entitled to ERAP Stay

August 23, 2022    

Landlord sued to evict tenant and her mother. At trial, tenant notified the court that she had a pending ERAP application, which automatically stayed the proceeding. Landlord asked for a hearing to vacate the stay...

Tenant Showed No Grounds for Preliminary Injunction Against Landlord

August 23, 2022    

Tenant sued landlord in federal court, claiming violations of the Fair Housing Act and Americans with Disabilities Act (ADA). Tenant used a wheelchair, and said landlord was about to start an eviction proceeding...

Tenant Breached Lease by Refusing Landlord Access to Asbestos-Filled Containers

August 23, 2022    

Landlord sued to evict tenant of a single-family rental for material breach of tenant's lease. Tenant uncovered large trailers and shipping containers filled with bags labeled "asbestos" while doing...

Licensee Entitled to ERAP Stay

August 23, 2022    

Landlord sued to evict tenant's daughter after tenant died. Landlord claimed that the daughter was a licensee who no longer had a right to be in tenant's apartment. The daughter asked the court to dismiss the...

Evicted Tenant Who Had Undisclosed ERAP Stay Restored to Possession

August 23, 2022    

Landlord sued to evict tenant for nonpayment of rent, then evicted tenant after obtaining a default judgment. Tenant then filed an order to show cause, seeking restoration to the premises. Tenant pointed out that he...

Landlord's Filing of Second Predicate Notice Nullified Eviction Proceeding

August 23, 2022    

Landlord of a two-family house sued to evict tenant, who received Section 8 vouchers. Tenant asked the court to dismiss the case or give tenant time to file an amended answer. The court ruled for tenant because...

Landlord Harassed Tenant by Failing to Provide Adequate Heat

August 23, 2022    

Tenant, who received Section 8 vouchers, sued landlord in an HP action in December 2021 for housing code violations and harassment. Landlord failed to appear at a follow-up court date, and the court issued a Default...

Nonprofit Tenant Can Evict Unauthorized Occupant Who Paid Landlord with ERAP Funds

August 23, 2022    

Tenant, a community nonprofit organization, sued to evict apartment occupant, whom their deceased client/subtenant had permitted to live in the apartment in violation of tenant's house rules. Before the COVID...

Court Finds No Illegal Sublet Where Occupant Is Family Member

July 21, 2022    

Landlord sued to evict tenants for illegally subletting their apartment to unknown occupants and for failure to comply with income certification requirements. Tenants asked the court to dismiss the case. They claimed...

HPD Gets $706K in Civil Penalties for Landlord's Failure to Correct Violations

July 21, 2022    

HPD sued landlord in housing court, seeking correction of violations of the Housing Maintenance Code, as well as penalties for failure to complete repairs. Landlord claimed that it had completed repairs and that...

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...