NEW YORK LAW JOURNAL

Eviction Proceeding Based on Lease Violation Can't Be Based on Expired Lease

August 29, 2023    

Landlord sued to evict tenant for violating his lease based on complaints from other residents about tenant's behavior. Tenant failed to appear in court, and the court then held an inquest. The court ruled...

ERAP Statute Requires Hearing on Nuisance Claim After Landlord Accepts Funds

August 29, 2023    

Landlord sued to evict tenant, claiming tenant created a nuisance. The court ruled for landlord and granted possession. Landlord accepted ERAP funds to cover tenant's back rent after the judgment of possession...

Landlord Can't Recover Use and Occupancy for Period Stemming from Discovery Delays

August 29, 2023    

Landlord sued to evict month-to-month tenant and apartment occupants after serving a 90-day termination notice. The respondents raised a number of defenses, and the court granted permission to conduct pretrial...

Notice to Cure Served on Tenant with Hoarding Disability Must Be More Specific

August 29, 2023    

Landlord, a supportive housing provider, sued to evict rent-stabilized Section 8 tenant based on clutter and unsanitary apartment conditions that landlord claimed violated substantial obligations of the tenancy....

Termination Notice Didn't State That Landlord Had Accepted ERAP Funds

August 29, 2023    

Landlord sued to evict unregulated tenant after serving a 90-day termination notice. Tenant asked the court to dismiss the case because the termination notice was fatally defective. The 90-day notice made no mention...

Tenant Showed No Colorable Overcharge Claim Warranting Vacatur of 2019 Settlement Agreement

July 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in 2019. The parties signed a settlement agreement so-ordered by the court. Several year later, tenant claimed that he had signed the agreement...

Landlord Properly Responded to Tenant's Claim of Nuisance by Neighbor

July 26, 2023    

A publicly subsidized tenant sued landlord for breach of her lease, claiming that landlord failed to abate a nuisance caused by an upstairs neighbor who made excessive noise. The court ruled against tenant, finding...

Court Denies ERAP Stay for Apartment Squatter

July 26, 2023    

Landlord sued to evict an apartment occupant after the tenant died, claiming the occupant was either a licensee or a squatter. The occupant filed an ERAP application, and the court stayed the case. Landlord then...

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...