Landlord sued to evict the tenant of an unregulated apartment. Landlord had sent tenant a Good Cause Eviction Notice, claiming exemption from the GCE law because it was a small landlord. Tenant asked the court to dismiss the case, claiming that landlord didn’t qualify for this GCE law exemption. The court ruled for tenant and […]
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Articles from: EVICTION
Ejectment of Occupant Could Proceed as Scheduled After Tenant Died
Cooperative shareholder tenant and his revocable trust (Trust) sued landlord cooperative corp. seeking an injunction and declaratory judgment after receiving a notice to cure from landlord. The cure notice claimed breach of tenant's lease due to excessive clutter and garbage allowed to accumulate in the apartment. Landlord claimed these conditions prevented free movement throughout the unit, attracted flies, and prevented landlord from performing repairs mandated by HPD.
Read moreLandlord Gets Judgment Against Former Condo Tenant for $264,000 in Use & Occupancy
Landlord, the owner of a condominium unit, sued to evict tenant in housing court for nonpayment of rent. Tenant had stopped paying rent in July 2020. In November 2023, landlord sent tenant a 90-day termination notice directing him to move out by Feb. 29, 2024. In housing court, landlord and tenant signed a so-ordered settlement agreement. Tenant agreed to vacate by Dec. 31, 2024, and to pay a reduced rent of $4,600 per month prospectively until he did so. Rent arrears accrued up to that point were severed for a plenary action in Supreme Court.
Read moreLandlord Illegally Locked Roommate Out of Apartment Two Days After Tenant Died
An apartment occupant sued landlord for illegal lockout. He claimed that he had been tenant's roommate, rented a room in an apartment from tenant since 2021, and spent every night there until July 11, 2025. Tenant had died two days before landlord came to the apartment, told him he had to leave, and changed the locks. The roommate claimed that he had a verbal agreement with tenant and paid him $300 per month through Zelle. Tenant received Section 8 benefits and was afraid to document any lease agreement with the roommate.
Read moreRoommate Was Lawful Occupant Illegally Locked Out of Deceased Tenant’s Apartment
Apartment occupant sued landlord in 2022, claiming illegal lockout from tenants' apartment. Landlord had changed the locks after one of the tenants died and the sister of the other tenant surrendered possession pursuant to a power of attorney she had received from the other tenant. The occupant who was locked out had lived in the apartment for several years with the deceased tenant, although the parties disagreed as to the relationship between the deceased tenant and the occupant.
Read moreLandlord Can Eject Former Super from Apartment After Employment Terminated
Landlord sued to eject former building super from a basement apartment after terminating the live-in super's employment. The super appeared in court in response to landlord's emergency application for an order to prohibit the super from using and storing gas tanks in the apartment. But the super didn't retain an attorney as he had indicated during the court appearance and didn't file an answer in response to landlord's complaint. Landlord later asked the court to grant the ejectment based on the super's default.
Read moreTenant’s Portable Section 8 Voucher Didn’t Exempt Apartment from Good Cause Eviction Law
Landlord sued to evict tenant after sending a 90-day termination notice. Landlord claimed that the apartment wasn't subject to rent regulation because the building was built after 1974 and there was no applicable 421-a or J-51 tax benefit for the building. Tenant asked the court to dismiss the case because landlord didn't state why the apartment was exempt from the Good Cause Eviction (GCE) Law that became effective on April 20, 2024.
Read moreNo Stay of Eviction Granted to Occupant Who Couldn’t Pay Use and Occupancy
Landlord sued to recover a low-income co-op apartment from occupant after the shareholder tenant moved out. Occupant claimed that she was a shareholder, but there was no proof supporting this claim. Landlord got a judgment of possession and an eviction warrant was issued. Occupant then asked the court for a stay of the eviction.
Read moreLandlord Could Recover Unregulated Apartment When Lease Term Ended
Landlord sued to evict an unregulated tenant after tenant's lease had expired. Tenant claimed that he was rent stabilized and that landlord failed to give him a reasonable accommodation for a disability. He also asked for attorney's fees. Landlord asked the court to dismiss tenant's defenses and counterclaim. The court ruled against landlord in December 2023.
Read moreCourt Improperly Lifted ERAP Stay to Rule for Eviction in Nonpayment Case
Landlord sued to evict tenant for nonpayment of rent based on unpaid rent from May through August 2021 at $2,500 per month. In October 2021, landlord applied for assistance under the Landlord Rental Assistance Program (LRAP) In November 2021, tenants applied for ERAP assistance. Landlord got approval for the LRAP assistance, but tenant's ERAP application was denied. In May 2022, tenant reapplied for ERAP assistance for additional arrears and prospective rents. At trial, landlord testified that it intended to occupy tenant's apartment as a primary residence after tenant moved out.
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