NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Occupant Can't Prove Succession Rights to Mitchell-Lama Co-op Apartment

February 22, 2023    

In early 2020, landlord started a lease termination proceeding at HPD against a Mitchell-Lama co-op tenant, seeking a Certificate of Eviction. The tenant had lived in a caretaking facility since 2015 and at a later...

Court Reopens Case Where 421-a Tenants Claim Improper Preferential Rents

February 22, 2023    

Tenants of a 421-a building sued landlord for rent overcharge and sought injunctive relief. They claimed that landlord violated the Rent Stabilization Law and Code in 2014 when initial legal regulated rents were...

Co-op Can Terminate Shareholder's Proprietary Lease Based on Objectionable Conduct

February 22, 2023    

Landlord cooperative corporation sued to eject co-op shareholder tenant based on tenant's objectionable conduct. Landlord claimed that tenant constantly harassed her neighbors, and asked the court to rule in its...

Occupant's Claim of Illusory Tenancy Is Stricken as Insufficient

February 22, 2023    

Rent-stabilized tenant sued to evict apartment occupant as a licensee who, in turn, claimed that tenant was an illusory prime tenant and that she was entitled to be named the unit's rent-stabilized tenant....

No ERAP Stay Applied to Court Action for Money Judgment Only

February 22, 2023    

Landlord sued tenant for breach of tenant's residential lease and sought an inquest to obtain a money judgment for back rent when tenant failed to respond to the summons and complaint served on him. Landlord...

Provisional Approval of Occupant's ERAP Application Dissolved Stay of Eviction Case

February 22, 2023    

Landlord sued to evict tenant for illegally subletting his apartment. The apartment occupant, but not the tenant, appeared in the court proceeding and showed that she had filed an ERAP application for rental...

Court Partially Vacates ERAP Stay Beyond 15 Months' Outstanding Rent

February 22, 2023    

A Mt. Vernon landlord sued to evict tenant for nonpayment of rent. Tenant lived in HUD project-based Section 8 housing. Tenant filed an ERAP application seeking rental assistance, resulting in an automatic stay of...

Westchester Court Vacates ERAP Stay, Finding Section 8 Tenant Unlikely to Get Funds

February 22, 2023    

Mt. Vernon landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant filed an ERAP application for rental assistance which, by law, stayed the eviction proceeding pending determination of the application...

OTDA Expected to Deny Tenant's Second ERAP Application

February 22, 2023    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed tenant owed back rent of $11,714 through February 2022. Landlord sought a default judgment when tenant failed to answer the petition. Tenant then...

Landlord's Eviction Case Against Former Super Dismissed

February 22, 2023    

Landlord sued to evict its former building superintendent after the super's employment was terminated. The super asked the court to rule in his favor without a trial. Landlord in turn asked the court to rule in...

Tenant Had No Credible Explanation for Extensive Absence from Apartment

February 22, 2023    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. The court found no grounds to disturb the court's findings, which were based...

Landlord May Be Responsible for Tenant's Dog Biting Mailman

February 22, 2023    

A U.S. Postal Service mail carrier sued landlord in 2016 after he was bitten by tenant's dog while delivering the mail. The mailman claimed that landlord was strictly liable for his injuries. After pre-trial...