NEW YORK LAW JOURNAL

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...

Tenant Gets Attorney's Fees After Landlord Discontinues Eviction Proceeding

December 14, 2021    

Landlord sued to evict tenant for a lease violation based on tenant's failure to install rugs and padding in his apartment, which created noise that disturbed other tenants. Landlord later asked the court's...

Tenant Gets Attorney's Fees After Landlord Withheld Sublet Consent in Bad Faith

December 14, 2021    

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court ruled against landlord, finding that tenant complied with Real Property Law (RPL) Section 226-b(2) by requesting to sublet her apartment...