NEW YORK LAW JOURNAL

Eviction Petition Dismissed Because Rent-Stabilized Apartment Wasn't Registered

November 27, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court petition alleged that the premises had been duly registered with the DHCR and that the rent charged didn't exceed the registered...

Rent Demand Didn't Specify Monthly Sums Due

November 27, 2023    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $21,618 in back rent. Tenant asked the court to dismiss the case because the rent demand was defective. The court ruled for tenant....

Court Vacates Stipulation Between Parties to Lift ERAP Stay

November 27, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant filed an application for ERAP rent assistance, and the court stayed the proceeding. Landlord then made a motion to vacate the ERAP stay. When landlord and...

Service of Nonpayment Petition Didn't Comply with CEEFPA

November 27, 2023    

Landlord sued to evict unregulated co-op apartment tenant for nonpayment of rent. The case was stayed while tenant's application for ERAP rental assistance was pending. Tenant then asked the court to dismiss the...

Renewal Lease Offered to Month-to-Month Tenant Vitiated Termination Notice

November 26, 2023    

Landlord sued to evict month-to-month tenant after serving a 90-day termination notice. Tenant asked the court to dismiss the case because landlord offered him a renewal lease following service of the nine-day notice...

Holdover Petition Against Section 8 Tenant Dismissed for Improper Service on NYCHA

November 25, 2023    

Landlord sued to evict tenant after serving a 60-day termination notice. Since tenant received a Section 8 rent subsidy through NYCHA, landlord also served copies of the holdover petition on NYCHA. Tenant asked the...

Landlord Can't Get Money Judgment Where Tenant Moved Out While Case Pending

October 26, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant was referred to Legal Services program for representation on the first court date, and the case was adjourned to June 29, 2023. Before the second court...

Nonpayment Proceeding Dismissed Because There Was No Lease

October 26, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because no rental agreement was in place. Tenant's lease had expired. Landlord argued that a third-party occupant...

Court Permits Limited Pre-Trial Questioning in Connection with Rent Fraud Claim

October 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court for permission to conduct discovery. She claimed rent overcharge and said there were questions about fraud because landlord...

Did Landlord Reasonably Mitigate Damages After Tenant Broke Lease?

October 26, 2023    

Landlord sued former tenant for $196,785 in unpaid rent in state Supreme Court. Landlord also sought interest, legal fees, and disbursements. Tenant claimed that landlord failed to mitigate damages. In response,...

Eviction Proceeding Dismissed Because Later Court Action Reaffirmed Tenancy

October 26, 2023    

Landlord sued to evict tenant for creating a nuisance. The court granted tenant's request to dismiss the case. After sending tenant a termination notice in March 2018 and filing the eviction case papers, landlord...

Landlord Must Produce Pre-Base Date Rent History Records

September 25, 2023    

Seventy-four tenants sued a number of landlords of different buildings for rent overcharge in one lawsuit and sought class action status. The court denied a motion by landlord to dismiss that claim, finding it...