NEW YORK LAW JOURNAL

Court Awards Tenant Damages and HPD Fines for Landlord's Harassment

January 26, 2022    

Tenants sued landlord in an HP proceeding, claiming harassment and seeking an order to correct repairs. Tenants claimed that landlord withheld essential services. The court ruled for tenants, in part, noting that...

Court Appoints 7A Administrator Despite New Landlord's Objection

January 26, 2022    

Tenants asked the housing court to appoint an Article 7A Administrator for their building, after settling an HP proceeding with prior landlord and HPD. The settlement included prior landlord's consent to the...

Landlord's Petition Didn't Give Tenant Notice of Regulations

January 26, 2022    

Landlord sued to evict tenant for nonpayment of rent. Landlord stated in its court petition that tenant wasn't subject to rent control or rent stabilization because the premises was operated by a nonprofit...

Tenant Primarily Resided in Washington, D.C.

January 26, 2022    

Landlord sued to evict rent-regulated tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Building employees credibly testified that tenant didn't use his apartment as...

Occupant Gets Stay of Eviction Case Based on CEEFPA and ERAP

January 25, 2022    

Landlord sued to evict apartment occupants after rent-stabilized tenant died. Landlord claimed that occupants were licensees who had no right to remain. The occupants submitted hardship declarations. Landlord claimed...

Is Occupant Entitled to Stay Based on Hardship Declaration?

January 25, 2022    

Landlord sued to evict occupant from a cottage on his property. The occupant had filed a hardship application claiming financial and medical hardship. Landlord asked for a hearing on whether the occupant qualified...

Unemployed Tenant Who Got Large Settlement Couldn't Rely on Hardship Declaration

January 25, 2022    

Landlord sued to evict tenants for nonpayment of rent. Landlord questioned the validity of a Hardship Declaration filed by tenants. The court ruled for landlord after holding a hearing. One tenant had applied for...

Prior Tenant's Stepdaughter Can't Make Succession Claim

December 14, 2021    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant had moved out, but a remaining apartment occupant claimed that she was the stepdaughter of tenant's father, who had been the prior...

Landlord's Termination Notice Didn't Allow Sufficient Time

December 14, 2021    

Landlord sued to evict tenant, claiming that tenant engaged in unreasonable behavior that substantially interfered with others' use and enjoyment of their units, and caused substantial safety hazards in the...

Landlord's Request to Restore Nuisance Case to Court Calendar Was Made Too Late

December 14, 2021    

Landlord sued to evict tenant for creating a nuisance by maintaining his apartment in a horrible condition that substantially interfered with the comfort and safety of landlord and other tenants. Both sides were...

Landlord Must Refund U&O Tenant Paid While Eviction Case Was Pending

December 14, 2021    

Landlord sued to evict tenant from two apartments landlord claimed were unregulated. During the course of the eviction proceedings, tenant paid rent or use and occupancy (u&o) either into court or directly to...

Court Denies Landlord's Request for More Time to Correct Violations

December 14, 2021    

Tenant sued landlord and HPD in housing court, seeking an order to correct violations in her apartment. In August 2020, the trial court ordered landlord and HPD to correct violations by Oct. 5, 2020. Landlord later...