EVICTION

Tenant Paid Rent Arrears Before Execution of Warrant

October 27, 2020    

Landlord sued to evict tenant for nonpayment of rent. The court ultimately ruled against landlord. Under HSTPA, RPAPL Section 749(3) no longer terminates a landlord-tenant relationship upon issuance of an eviction...

Landlord Can't Maintain Ejectment Action Without Sending Termination Notice

September 28, 2020    

Landlord sued DOB and rent-stabilized building tenants, seeking ejectment of tenants in order to comply with multiple violation notices from DOB. Landlord claimed that, to correct the violations, it needed to remove...

Evicted Tenant with Minor Rent Arrears Must Be Restored to Possession

September 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant later asked to be restored to possession. The court ruled for tenant on condition...

Landlord Didn't Sufficiently Describe Homeless Housing Agreement in Eviction Petition

August 19, 2020    

Landlord sued to evict tenant after sending a 30-day termination notice. Landlord claimed that tenant's lease expired on Jan. 31, 2019, and that tenant then became a month-to-month tenant. Landlord said that the...

Landlords Can't Challenge NY State Eviction Moratorium in Federal Court

July 27, 2020    

A group of Westchester County landlords sued Governor Cuomo, seeking in federal court to block Cuomo's temporary eviction moratorium issued in response to the COVID-19 pandemic. Specifically, they objected to the...

Landlord Illegally Locked Out Apartment Occupant After Tenant Died

July 27, 2020    

Apartment occupant sued landlord for illegal lockout. Occupant moved into the apartment that tenant lived in during February 2020 and obtained a key fob to the building from landlord. Tenant died of COVID-19 in March...

Landlord Must Restore Occupant Who Was Illegally Locked Out

July 27, 2020    

Occupant sued landlord for illegal lockout from an apartment that she and her brother occupied. The court ruled for occupant after landlord failed to appear in court. After the police removed occupant and her brother...

Tenant's Illegal Lockout Claim Dismissed

July 21, 2020    

Tenant sued landlord in 2015, claiming illegal lockout and breach of the warranty of habitability. Tenant also sought $1 million in damages. Although tenant filed the case in State Supreme Court, the court...

Emergency Homeless Housing Occupant Wasn't Illegally Evicted

July 21, 2020    

Occupant sued building landlord and Bronx Parent Housing Network, Inc. (BPHN), which net-leased the building from landlord to provide temporary emergency housing to vulnerable formerly homeless individuals. Occupant...

Landlord Didn't Prove Apartment Was Used for Illegal Drug Trade

June 26, 2020    

Landlord sued to evict rent-stabilized tenant for drug-related criminal activity in tenant's apartment, following the arrest of an occupant at the apartment. Landlord said that the HUD Voucher Program,...

Landlord Must Restore Tenant He Illegally Locked Out

May 25, 2020    

Tenant sued landlord, claiming illegal lockout. Landlord claimed that tenant had voluntarily surrendered possession of the apartment. Tenant said that she was locked out on several occasions through December 2019 and...

Lighthouse Program Operator Unlawfully Evicted Occupant

May 25, 2020    

Resident sued an operator of the Lighthouse program, claiming that he was unlawfully evicted without legal process. He sought restoration to the premises. The operator argued that resident wasn't a tenant and had...