NEW YORK LAW JOURNAL

Landlord Can Eject Occupant of Illegal Cellar Apartment

August 24, 2015    

Landlord sued to eject occupant from illegal cellar apartment. The apartment had been rented to occupant’s ex-wife in 1997. Occupant had been listed on the household composition form until 2006 when his name...

Jury Trial Waiver Inapplicable

August 24, 2015    

Landlord sued to evict tenant for unlawful conduct based on drug activity. Tenant demanded a jury trial. Landlord argued that tenant’s lease contained a jury waiver clause. But landlord didn’t base its...

Insufficient Proof of Drug Sales from Tenant’s Apartment

August 24, 2015    

Landlord sued to evict elderly, disabled tenant for illegal use of tenant’s apartment after tenant’s son was arrested there. Police removed three ounces of marijuana, a digital scale, and $1,900 in cash....

No Maintenance Abatement for Co-op Tenant Who Made Her Own Repairs

August 24, 2015    

Landlord cooperative corporation sued to evict tenant shareholder for unpaid maintenance. Tenant in turn claimed breach of the warranty of habitability. The court ruled for landlord and granted a judgment for $45,000...

Landlord's Notice Didn't State Sufficient Facts

August 24, 2015    

Landlord sued to evict Mitchell-Lama co-op tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord couldn’t sue for eviction for an illegal sublet to an immediate...

Apartment Wasn’t Properly Deregulated

August 24, 2015    

Landlord sued to evict month-to-month tenant, claiming that the apartment was deregulated. Landlord said that the maximum legal rent had reached over $2,000 in 2006 when the apartment became vacant. Tenant claimed...

Evicted Tenant Must Be Reinstated Despite Rerental of Apartment

August 24, 2015    

Landlord sued to evict tenant in 2009 based on unauthorized subletting. The court ruled for landlord based on tenant’s default, and tenant was evicted in April 2010. It turned out tenant failed to appear in...

Tenant Didn't Cause Termination of Section 8 Rent Subsidy

August 24, 2015    

Landlord sued to evict rent-stabilized tenant for failing to complete her recertification, causing NYCHA to terminate her Section 8 subsidy for the apartment. Tenant asked the court to dismiss the case, claiming that...

Landlord Could Continue to Charge Rent Paid Under Tenant’s Last Lease

August 24, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that he had no current signed lease and deemed renewal leases were no longer permitted. The...

Landlord Can't Evict Tenant for Small Amount of Heroin Found in Apartment

August 24, 2015    

Landlord sued to evict tenant for selling drugs from his apartment, after police arrested three people in the apartment and recovered heroin and drug paraphernalia. Tenant asked the court to dismiss the case,...

Tenant Claims Overcharge in Connection with Parking Space

August 24, 2015    

Tenant sued landlord, seeking a declaration that he was rent stabilized, as well as claiming rent overcharges in connection with the apartment and a parking space behind the building. The court ruled only that tenant...

Tenant May Be Restored to Possession If She Pays Back Rent Owed

August 24, 2015    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were apartment conditions needing repair. Landlord and tenant signed a settlement agreement in court. The stipulation gave landlord a...