NEW YORK LAW JOURNAL

Landlord Failed to Plead Section 8 Status

April 26, 2016    

Landlord sued to evict tenants for nonpayment of rent. Tenants consented to a final judgment in landlord’s favor and issuance of an eviction warrant, but eviction was stayed for tenants to pay $5,120. Tenants...

Tenant's Son Can't Get Apartment That Tenant Didn’t Live In

April 26, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant’s son appeared, claimed succession rights, and asked the court to dismiss the case. The court ruled for landlord. Landlord claimed...

Prior Tenant, Who Transferred Apartment to Son, Remained Rent Stabilized or Had Pass-On Rights

April 26, 2016    

Landlord sued to evict occupant of rent-stabilized apartment. Occupant claimed that she had lived there since 1991. Alternatively, she claimed succession rights. Occupant had been the tenant of the apartment but...

Tenant's Wife Claims Succession Rights After Tenant Agrees to Move Out

April 26, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement converting the case to a holdover proceeding and providing for a final judgment in landlord...

Landlord Can Evict Tenant for Repeated Noise, Fighting, and Threats

April 26, 2016    

Landlord sued to evict tenant, claiming that tenant and his guests created a nuisance in the apartment and the building’s common areas. The court ruled for landlord after a trial. Landlord presented testimony...

Guarantor Responsible for Former Tenant's Unpaid Rent

April 26, 2016    

Landlord sued tenant’s guarantor after tenant moved out and owed rent arrears. The guarantor claimed that the guaranty was inadmissible evidence because it was less than the required eight-point type. The court...

Court Vacates Eviction Warrant Against Tenant Who Paid Back Rent

April 26, 2016    

Landlord sued to evict 83-year-old tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which provided for a final judgment in landlord’s favor and issuance of an eviction...

Tenant Gets Limited Discovery Concerning Claimed Chemical Fume Condition

April 26, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant withheld rent to pressure landlord to remedy an odor and chemical fume condition that tenant claimed existed in and around the apartment. Tenant said that...

Estate Can't Seek Eviction of Family Member in Surrogate’s Court

April 26, 2016    

Deceased landlord’s executor sought ejectment of tenant and two of tenant’s brothers from the premises. Tenant and one brother moved out. The other brother, who was deceased landlord’s son, asked...

Landlord's Eviction Case Against Adult Home Resident Was Procedurally Defective

April 26, 2016    

Landlord sued to evict adult home resident in housing court, whose occupancy was terminated for nonpayment of monthly fees. The court noted that Real Property Actions and Proceedings Law Sections 711 and 713 didn...

Landlord Improperly Performed Self-Help Eviction Against Halfway House Resident

April 26, 2016    

Former resident of a transitional residence for recovering alcoholics and drug users was ejected from the residence by landlord after violating rules prohibiting drugs, alcohol, tobacco, and firearms. The resident...

Co-op Shareholder Tenant Gets 100 Percent Rent Abatement for Smoke Infiltration

April 26, 2016    

Co-op shareholder tenant sued co-op corporation for failing to remedy a secondhand smoke condition in her apartment. She claimed that the smoke caused her to suffer tightness in her chest, coughing, headaches, and...