NEW YORK LAW JOURNAL

ERAP Stay of Nonpayment Proceeding Applies to Section 8 Tenant

April 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's rent was subsidized through NYSHC's Section 8 Housing Choice Voucher Program. After the case was commenced, tenant filed an ERAP...

Court Refuses to Vacate ERAP Stay Where Tenant Was Subsidized

March 24, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant lived in NYCHA Section 8 housing, so landlord sued tenant only for her portion of the outstanding rent. Tenant advised the court that she...

Tenant Can't Prove Harassment by Landlord Where Some Tenants Were Permitted to Smoke

March 24, 2023    

Tenant sued landlord in an HP proceeding, claiming that landlord had harassed her in violation of NYC Admin. Code Section 27-2005(d) by intending to cause her to move out. Tenant was 86 years old, suffered from COPD...

Landlord Served Holdover Petition Too Far in Advance

March 24, 2023    

Landlord sued to evict apartment occupant after tenant died or had permanently vacated the apartment, claiming that the occupant's license to live in the apartment had expired. Landlord filed its notice of...

Landlord Didn't Properly Serve 90-Day Termination Notice on Tenant

March 24, 2023    

Landlord sued to evict unregulated tenant after serving a 90-day termination notice on Dec. 27, 2021. Tenant asked the court to dismiss the case based on landlord's failure to properly serve the termination...

Landlord Improperly Relied on Prior Notice to Start Second Eviction Case

February 23, 2023    

Landlord sued to evict month-to-month tenant. Tenant asked the court to dismiss the case, claiming that landlord improperly served an old predicate notice from a prior proceeding before starting the case, rather than...

Nonprofit Can Sue Landlord for Source of Income Discrimination Against Prospective Tenants

February 23, 2023    

A nonprofit housing group sued landlords, real estate agents, brokerage firms, and property management companies, claiming intentional and willful source of income discrimination in violation of NY State and NY City...

Landlord's Defective Notices Resulted in Dismissal of Illegal Sublet Case

February 23, 2023    

Landlord sued to evict tenant for illegal subletting and overcrowding. Tenant asked the court to dismiss the case, claiming that landlord's notice to cure and termination notice were fatally defective. The court...

Tenants Must Address Complaints About Certificates of Occupancy to DOB

December 20, 2022    

Tenants sued landlord and its management company, claiming that landlord obtained temporary certificates of occupancy (COs) for an additional floor atop four adjoining buildings in order to avoid complying with the...

Eviction Case Dismissed Because Landlord Attempted Service of Court Papers on Tenant's Sabbath Day

December 20, 2022    

Landlord sued to evict tenant after serving a 90-day termination notice. Tenant filed a pre-answer motion to dismiss the case, claiming that he wasn't legally served with the termination notice, he didn't...

Court Vacates ERAP Stay Where Landlord Waived Rent Arrears and Tenant Lived Elsewhere

December 20, 2022    

Landlord sued to evict month-to-month tenant. Tenant answered and applied for ERAP relief, which stayed the holdover proceeding. After waiting nine months without resolution of the ERAP application, landlord asked...

Licensee of Tenant Who Transferred to Another NYCHA Unit Can't Be Restored to Old Unit

December 20, 2022    

NYCHA tenant's sister claimed that she had lived with tenant for a year before tenant died in 2020. After tenant died, the sister lived with tenant's daughter in the apartment and assisted the daughter with...