NEW YORK LAW JOURNAL

Court Gives Tenant More Time to Seek Pre-Trial Questioning After ERAP Appeal Denied

July 26, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant showed that she had filed an appeal of OTDA's denial of her application to the Emergency Rental Assistance Program (ERAP). This stayed the eviction...

Landlord Who Threatened Tenant Fined $10,000 for Harassment

June 27, 2023    

Tenant sued landlord in an HP proceeding and claimed harassment. The court ruled for tenant after hearing credible testimony that landlord came to her right after she called 311 to report lack of heat. Landlord told...

Green Amendment Can't Be Used by Residents to Re-Challenge Environmental Rights

June 27, 2023    

Neighborhood residents sued the city, and asked the court to compel the city to take various actions in connection with a housing development project. They claimed that they lived in the neighborhood and insisted...

Landlord Responsible for Tenant's Injuries Resulting from Bathroom Floor Collapse

June 27, 2023    

Tenant sued landlord for personal injuries after an accident where he walked into his apartment bathroom and the floor collapsed, causing him to fall into the boiler room below. Tenant asked the court to rule in his...

Appeals Court Vacates Eviction Stay Granted After Landlord Proved Tenant's Objectionable Conduct

May 23, 2023    

Landlord sued to evict Section 8 tenant for objectionable conduct affecting the health or safety of other tenants and persons. At trial, landlord showed that over several years, tenant exposed himself and screamed...

Court Refuses to Lift ERAP Stay

May 23, 2023    

Landlord sued to evict tenant for nonpayment of rent. The case was automatically stayed after tenant filed an ERAP application with the state Office of Temporary and Disability Assistance (OTDA) in September 2021....

Landlord Co-op Corporation Properly Terminated Proprietary Lease under Business Judgment Rule

May 23, 2023    

Landlord cooperative corporation sued to evict shareholder tenant after sending a notice to cure and tenancy termination notice. Landlord claimed nuisance by apartment occupants, who were tenant's licensees--her...

Landlord Didn't Properly Name Occupants in Nonprimary Residence Eviction Case

May 23, 2023    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The tenant was a nonprofit organization that provided supportive housing to adults with mental disabilities. Landlord also named "John Doe...

Poughkeepsie Court Finds Local Good Cause Eviction Law Void and Unenforceable

April 26, 2023    

Dutchess County landlord sued to evict tenant in its Poughkeepsie building for nonpayment of rent. Tenant asked the court to dismiss the case without trial and challenged his most recent increase of 5 percent over...

Tenants Didn't Prove Formerly Rent-Controlled Units Weren't Properly Deregulated

April 26, 2023    

Tenants sued landlord in a class action, claiming that they were rent controlled or rent stabilized. Former landlord bought the building in 1989 and listed the apartments in DHCR rent registrations as "...

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...