NEW YORK LAW JOURNAL

Tenant Who Didn't Cure Nuisance Conditions Can Be Evicted

July 27, 2017    

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant created a "Collyer"-type condition with clutter and trash in the apartment. At the same time, tenant refused to comply...

Landlord Can't Seek Eviction for Subletting While Correcting Lead Paint Condition

July 27, 2017    

Landlord sued to evict tenant for unauthorized subletting. Tenant claimed that the subtenant was his roommate and that tenant had to move out with his child temporarily while landlord abated a lead paint condition in...

Court Excuses Default of Tenant with Medical Condition

July 27, 2017    

Landlord sued to evict rent-stabilized Section 8 tenant for breaching a substantial obligation of her lease. Landlord claimed that tenant failed to provide access to complete necessary repairs in her apartment. The...

Guardian Ad Litem Improperly Waived Tenant's Defenses to Eviction Action

July 26, 2017    

Landlord-sponsor, who owned cooperative apartment, sued to evict long-term 88-year-old Section 8 tenant, claiming financial/economic hardship and indicating the need to sell the apartment. The court referred tenant...

Condo Unit Owner Has No Reciprocal Right to Attorney's Fees

July 26, 2017    

Landlord condominium board sued to evict condo unit owner and obtained from the court a judgment of possession and a money judgment for $24,000. Condo owner appealed and won, so the case was dismissed along with the...

Tenant in Building Converted from Six to Four Apartments Was Rent Stabilized

July 24, 2017    

Landlord sued to evict tenant in four-family dwelling, claiming that tenant was unregulated. The court ruled for landlord based on a settlement agreement signed by tenant. Tenant later asked the court to vacate the...

Tenant's Daughter Gets Rent-Stabilized Apartment

July 24, 2017    

Landlord sued to evict four apartment occupants after rent-stabilized tenant died in 2011. Occupants claimed succession rights. After trial, the court ruled against landlord in part and found that two of the...

Adult Children Claim Succession Rights to Rent-Controlled Apartment

July 24, 2017    

Landlord sued to evict the adult children of rent-controlled tenant who had entered a nursing home in 2010. Tenant's son and daughter claimed succession rights. Landlord claimed that they weren't entitled to...

Claimed Chronic Nonpayment of Rent Didn't Amount to a Nuisance

June 27, 2017    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord had brought five prior nonpayment cases against tenant since 2012. Tenant asked the court to dismiss the case because landlord...

Tenant Can Sue in Housing Court to Evict Roommate

June 27, 2017    

Tenant sued to evict roommate from the first-floor bedroom and common areas of the apartment they shared. The roommate asked the court to dismiss the case, claiming that New York City owned the building and that...

Eviction Case Based on Drug Activity Dismissed

June 27, 2017    

Landlord sued to evict tenant for illegal activities in his apartment. Tenant claimed that landlord's 10-day termination notice was vague and that the case should be dismissed. The court ruled for tenant and...

Tenant Disputes Landlord's Clutter Claims and Case Dismissed

June 27, 2017    

Landlord sued to evict rent-stabilized SRO tenant, claiming that tenant kept the unit in an unclean and unsafe manner. Tenant asked the court to dismiss the case without a trial. She claimed that landlord's...