NEW YORK LAW JOURNAL

Court Denies Landlord's Request to Restore Case to Calendar

December 20, 2023    

Landlord sued to evict rent-stabilized tenant for violating substantial obligations of her tenancy. The parties settled the case in court in February 2023. The stipulation addressed the lease breach claims, called...

Court Won't Award Use and Occupancy After Judgment of Possession Previously Granted

December 20, 2023    

Landlord sued to evict tenant in a holdover proceeding. Landlord and tenant settled the case during trial. Tenant agreed to move out, and landlord agreed to waive rent owed. When tenant failed to vacate by the agreed...

Eviction Proceeding Dismissed Based on Illegal Cellar at Building

December 20, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, seeking $2,600 per month for the months of August 2022 through February 2023. In response, tenant claimed rent overcharge, breach of warranty of...

Eviction Proceeding for Nonpayment Dismissed for Including Non-Rent Fees

December 20, 2023    

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent, claiming that tenant owed $6,863. Tenant asked the court to dismiss the case, pointing out that $546 of claimed arrears were air conditioning and...

Termination Notice Wasn't Specific Enough

November 27, 2023    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case, claiming that the predicate notice was too vague and didn't comply with the requirements of the...

Landlord Didn't File Affidavit of Service of Petition for Two Years

November 27, 2023    

Landlord sued to evict tenant. Tenant then filed an ERAP application for rental assistance, and the case was stayed by law. Landlord asked the court to vacate the ERAP stay. In response, tenant asked the court to...

Tenant Didn't Save Text Message Complaints About Apartment

November 27, 2023    

Tenant was a Belgium entity that leased a condominium apartment for occupancy by its sole shareholder and family. The lease term was March 16, 2018, to March 15, 2019. The first six months of rent at $25,000 per...

Landlord Can't Evict Yonkers Tenant in Building Containing Unlawful Apartment

November 27, 2023    

Landlord sued to evict Westchester County tenant for nonpayment of rent. Tenant asked the court to dismiss the case without trial. The court ruled for tenant and found that the eviction would violate Multiple...

Landlord Violated Tenant COVID-Era Protections

November 27, 2023    

Landlord sued to evict tenant after serving a 90-day termination notice. Tenant had no lease, and the apartment was located in a two-family dwelling. The termination notice stated that the apartment wasn't legal...

Landlord Waited Too Long to Seek Rent in Eviction Proceeding

November 27, 2023    

Landlord sued to evict tenant in 2021 for nonpayment of rent. Tenant asked the court to dismiss the case based on laches. Tenant also claimed lack of notice from landlord before starting the court case. The court...

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....