EVICTION

NYCHA Can't Evict Tenant Who Struck Its Employee

March 29, 2021    

Landlord NYCHA terminated tenancy because tenant assaulted and injured a NYCHA employee at the building. Tenant filed an Article 78 court appeal, claiming that NYCHA's decision was arbitrary and unreasonable. The...

Evicted Tenant Presents No Cause for Restoration to Possession

March 29, 2021    

Landlord sued to evict unregulated month-to-month tenant in January 2019. Landlord and tenant signed a court-ordered settlement agreement giving landlord a judgment of possession and delaying execution on an eviction...

Court Rules CEEFPA Applied to Ejectment Action

March 29, 2021    

Landlord sued in State Supreme Court to eject tenant from co-op apartment. The court ruled for landlord and issued a judgment and a warrant in late 2020. Tenant then filed a hardship declaration pursuant to the COVID...

Landlord's Request to Restore Eviction Case to Court Calendar Denied

March 26, 2021    

Landlord sued to evict tenant when tenant's lease expired, and later sought to restore the case to the court's calendar even though the COVID-19 Emergency Eviction Foreclosure Prevention Act (CEEFPA) provided...

Landlord Illegally Locked Tenant Out of Room in House

March 26, 2021    

Tenant sued landlord, claiming illegal lockout from a room in landlord's house. He claimed that he had lived there for 14 years, first in one smaller room, then in a larger room, and later returned to the smaller...

Tenants' Claim of Financial Hardship, Health Risks Delays Landlord's Recovery of Unit

March 26, 2021    

Landlord obtained a building at a public auction, then sought a writ of assistance to remove tenants of one apartment. Tenants argued that the sale was made "subject to any rights of tenants or persons in...

Tenant Can Eject Roommate Who Paid No Rent

February 24, 2021    

Tenant sued to eject apartment occupant, who had been her friend and roommate for about 10 years, after sending him two 10-day notices to quit. In late 2019, tenant and roommate entered an agreement by which the...

Hearing Needed on Tenant's Safe Harbor Act Defense

February 24, 2021    

Landlord sued to evict tenant for nonpayment of rent in 2018. Landlord and tenant signed a settlement agreement that gave landlord a money judgment for $8,301 in back rent. An eviction warrant was issued, and the...

Court Must Delay Eviction Under COVID Emergency Law

February 24, 2021    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, issued an eviction warrant, but delayed execution on the warrant until Jan. 1, 2021, based on the 2020 Tenant Safe Harbor Act...

Eviction Warrant Improperly Issued

February 11, 2021    

Landlord sued to evict month-to-month tenants in a holdover proceeding filed in State Supreme Court. Landlord had rented the apartment on condition that tenants would vacate within 30 days of notice that landlord had...

Shareholder Tenant Can Evict Apartment Occupant

February 10, 2021    

A cooperative shareholder tenant sued to evict occupant from her apartment, claiming that she had terminated his license to live there. The housing court denied tenant's request to grant eviction without a trial...

Tenant Gets Judgment from Subtenant for Back Rent While Moratorium Stays Eviction

January 26, 2021    

Shareholder-tenant of a co-op apartment sued to evict his subtenant. That case was consolidated in State Supreme Court with a separate action concerning subtenant's right under the sublease to purchase tenant...