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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Articles from: EVICTION
Evicted Rent-Stabilized Tenant Restored to Possession Where DSS Would Pay Back Rent
Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. On March 4, 2025, the court granted tenant's first motion to be restored to possession if he paid rent arrears and legal/marshal fees totaling $38,900 by March 25, 2025. On March 25, DSS issued checks for nearly the full amount of the back rent owed, although the funds hadn't yet been delivered to landlord.
Read moreLandlord Must Prove Intent to Withdraw Apartment from Rental Market
Landlord sued to eject month-to-month tenant. Landlord asked the court to rule in its favor without trial and to strike tenant's defenses. Landlord claimed that the apartment had been withdrawn from the rental market in order to convert the building to condominium apartments. Tenant argued that landlord didn't comply with the requirements of the Good Cause Eviction Law and therefore should deny landlord's request.
Read moreTenant Restored to Possession After Illegal Lockout
Tenant sued landlord for illegal lockout in June 2024. The court ruled for tenant after an inquest at which landlord failed to appear. Tenant had lived in his apartment for 23 years and showed he had been locked out of the apartment in April 2024. Landlord also had removed and thrown out his personal property, furniture, and clothing. The court ruled for tenant, restored him to possession, and awarded him $7,250 in damages.
Read moreHoldover Proceeding Dismissed Based on Proof of Retaliatory Eviction
Landlord sued to evict unregulated tenant after sending a 90-day termination notice. Tenant claimed that the eviction action was retaliatory and asked the court to dismiss the case. The court ruled for tenant. Tenant had made several complaints to HPD about serious conditions in her apartment that needed repair less than a year before landlord issued the termination notice. And landlord failed to show that it had a non-retaliatory reason for seeking eviction.
Read moreCourt Applies Good Cause Eviction Law to Dismiss Holdover Proceeding Based on Nonpayment
Landlord sued to evict tenant after a 90-day nonrenewal notice expired. Landlord claimed that it wasn't renewing the lease because tenant owed more than $30,000 in back rent. The case was commenced after the Good Cause Eviction Law (GCEL) took effect in April 2024. The court granted tenant's request to dismiss the case. The GCEL applied to the case and, although tenant owed substantial arrears, nonpayment of rent can't serve as a grounds for not renewing tenant's lease.
Read moreGood Cause Eviction Law Applied to Case Commenced After April 20, 2024
Landlord of a two-family house sued to evict tenant after her lease term ended and after serving a 90-day termination notice on Nov. 16, 2023. In response to the eviction petition, tenant claimed that the Good Cause Eviction Law (GCEL) applied to prevent tenant's eviction, and that landlord failed to argue in its court petition that that any GCEL exemption applied. Tenant asked the court to dismiss the case.
Read moreEviction Proceeding Was Commenced Before Good Cause Eviction Law Applied
Landlord of a one-family house sued to evict unregulated tenant on March 26, 2024, after having served a 30-day termination notice. The court assigned an initial return date of June 11, 2024. The case was adjourned while tenant obtained an attorney. Tenant then filed an answer on Aug. 19, 2024, claiming that landlord failed to plead in its court papers that it had a good cause grounds for eviction.
Read moreHusband’s Claim That Ex-Wife Was Squatter Denied by Court
The owner of an upstate house sued to evict his ex-wife, claiming that she was a squatter in the house and had moved in during 2022 while he was out of the country. They had divorced in 2010 although they still owned a business together and had a son. In response, the ex-wife claimed that she, the owner, and their son had all lived together in a back room of their store until the owner purchased the house in 2018 and they all moved there together, where she lived continuously since then.
Read moreTenant Who Showed No Proof of Subtenancy Agreement Can’t Sue to Evict Other Occupant
Yonkers tenant sued to evict another apartment occupant he claimed was the subtenant of a room in his apartment. The occupant asked the court to dismiss the case, claiming that tenant had no standing to maintain a landlord/tenant proceeding against him. The occupant then asked the court to reconsider. After reviewing the facts the court ruled for the occupant and dismissed the case. The tenant proved neither that he owned the premises nor that he had authority to lease any portion of it to the occupant.
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