NEW YORK LAW JOURNAL

Landlord Accepted Rent After Tenancy Termination But Before Starting Eviction Proceeding

July 21, 2016    

Landlord sued to evict tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord accepted rent after termination of the tenancy but before commencement of the proceeding. Landlord...

Cell Phone Service Provider Can Add HVAC System to Building Courtyard

July 21, 2016    

Landlord sued to evict a cell phone service provider for violating its lease. Landlord had permitted the provider to install cellular communications equipment at the building. The lease permitted the provider to use...

Landlord Improperly Applied Rent Payments

July 21, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she had paid all the rent demanded in the petition. The court ruled for tenant, dismissed the case, and awarded tenant $2,350 based on...

HUD Tenant's Behavior Didn't Amount to Material Noncompliance with Her Lease

July 20, 2016    

Landlord sued to evict HUD tenant for material noncompliance with her lease because tenant yelled and cursed at landlord’s employees in the management office. Landlord also claimed that, on another occasion,...

Housing Court Can Decide Adult Care Facility's Eviction Case Against Resident

July 20, 2016    

Owner of adult care facility sued to evict resident, claiming that he breached the admission agreement by his conduct and failure to follow facility rules. Landlord had terminated the admission agreement and brought...

Landlord Didn't Follow Procedures Before Seeking Eviction of HUD Tenant

July 20, 2016    

Landlord sued to evict HUD Section 8 tenant and her son for material noncompliance with tenants’ lease based on criminal activity.  Tenant’s son had pled guilty to statutory rape in another apartment...

Tenants Can Block Landlord from Starting Eviction Proceedings

July 20, 2016    

After tenants received 30-day termination notices from landlord, they asked the court for a preliminary injunction to stop landlord from commencing eviction proceedings in housing court after the 30-day period was up...

Relatives of Low-Income Tenants Claim Utica Firefighters Failed to Rescue Tenants

July 20, 2016    

Relatives of four tenants killed in a 2009 fire in a building in a poor neighborhood brought a civil rights lawsuit against the City of Utica. They claimed that their constitutional right to equal protection occurred...

Apartment Occupant's Removal of Lobby Painting Didn't Constitute Nuisance

June 22, 2016    

Landlord sued to evict rent-stabilized tenant for creating a nuisance after an occupant of tenant’s apartment removed a painting from a building lobby wall and left the building with it. Landlord claimed that...

Super Gets Delay of Eviction Case Pending Outcome of Discrimination Claim

June 22, 2016    

Landlord sued to evict the resident building super after terminating the super’s employment. Tenant then filed a discrimination complaint with the City Human Rights Commission (HRC) claiming that landlord...

Landlord Tries to Recover Building for Non-Profit Use

June 22, 2016    

Landlord sued to evict tenants of entire building in order to use the building in connection with its charitable purposes. SRO tenant claimed that landlord’s termination notice was vague and conclusory, and...

Landlord Claims Co-Op Tenant Installed HVAC System Without Permission

June 21, 2016    

Landlord cooperative corporation sued to evict shareholder tenant for breaching his proprietary lease. Landlord claimed that tenant installed a central air-conditioning system in his apartment without landlord’...