NEW YORK LAW JOURNAL

Eviction Case Based on Nuisance Dismissed for Deficient Termination Notice

February 26, 2024    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant's attorneys asked the court to dismiss the case, claiming that landlord's termination notice was deficient.  Before the court...

Tenant Gets Full Rent Abatement Based on Apartment's Uninhabitable Condition

February 26, 2024    

Landlord NYCHA sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated in 2020 that tenant would pay $4,929 owed by March 2020. Landlord was granted a final judgment of possession and a money...

Tenant's Rent Payment Applied to Oldest Outstanding Rent Due

February 25, 2024    

Landlord sued to evict tenant for nonpayment of rent based on arrears totalling $3,850 for the period between November 2022 and January 2023. Landlord later asked to amend the petition to include additional rent...

Disabled Section 8 Tenant Had No Claim Against HUD for Housing Discrimination

February 25, 2024    

A disabled, wheelchair-bound tenant living in a HUD-subsidized apartment sued landlord and HUD, claiming failure to maintain his apartment so as to accommodate the vision-impaired tenant and to provide for wheelchair...

Landlord's Court Appeal of Default Judgment by OATH Dismissed as Untimely

February 25, 2024    

DOB issued a violation notice to landlord for failing to maintain its building wall. The NYC Office of Administrative Trials and Hearings (OATH) issued a default judgment against landlord for failing to appear at a...

Landlord Couldn't Raise Claims on Appeal of OATH Rulings

February 23, 2024    

Landlord sought an Article 78 court appeal of a decision by the NYC Office of Administrative Trials and Hearings (OATH). OATH had denied landlord's requests to vacate default judgments and grant new hearings on...

Termination Notice Didn't Set Grounds for Termination Landlord Claimed in Court

January 28, 2024    

Landlord sued to evict tenant after sending a 90-day termination notice. Landlord alleged that the apartment was unregulated because it was a cooperative unit and the lease between the parties had expired. Landlord...

Landlord Can't Prove HPD Violation of Illegal Basement Apartment Was for Tenant's Unit

January 22, 2024    

Landlord sued to evict tenant, claiming that occupancy of the basement apartment was illegal because a prior legal basement apartment had been illegally converted by prior landlord into two units, including tenant...

Landlord Didn't Show Tenant's Basement Apartment Was Illegally Occupied

January 22, 2024    

Landlord sued to evict rent-stabilized tenant, claiming that occupancy of the basement/cellar apartment was unlawful. The court granted tenant's request to dismiss the case. Landlord didn't deny that tenant...

Former Owner Illegally Locked Out of Building Where He Lived

December 20, 2023    

Former building owner, who lived in the building, sued mortgage company for illegal lockout. The court ruled for the owner after trial. The owner testified that he'd lived at the building since July 2007 and...

Termination Notice Didn't Sufficiently Explain How Tenant Failed to Cure Conditions

December 20, 2023    

Landlord sued to evict rent-stabilized tenant for breach of lease and creating a nuisance. The court granted tenant's request to dismiss the case. Landlord sent tenant a Notice of Termination dated two days after...

Court Dismisses Nonpayment Proceeding Because C of O Was Invalid

December 20, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant claimed that the building didn't have a valid certificate of occupancy (C of O) and that a temporary C of O...