EVICTION

Court Improperly Lifted ERAP Stay to Rule for Eviction in Nonpayment Case

May 27, 2025    

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...

Evicted Rent-Stabilized Tenant Restored to Possession Where DSS Would Pay Back Rent

May 26, 2025    

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...

Landlord Must Prove Intent to Withdraw Apartment from Rental Market

May 22, 2025    

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 Landlord claimed that the apartment had been withdrawn from the rental...

Tenant Restored to Possession After Illegal Lockout

February 26, 2025    

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...

Holdover Proceeding Dismissed Based on Proof of Retaliatory Eviction

January 27, 2025    

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...

Court Applies Good Cause Eviction Law to Dismiss Holdover Proceeding Based on Nonpayment

October 28, 2024    

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...

Good Cause Eviction Law Applied to Case Commenced After April 20, 2024

October 26, 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 Proceeding Was Commenced Before Good Cause Eviction Law Applied

October 26, 2024    

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...

Husband's Claim That Ex-Wife Was Squatter Denied by Court

October 25, 2024    

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...

Tenant Who Showed No Proof of Subtenancy Agreement Can't Sue to Evict Other Occupant

September 24, 2024    

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...

Acceptance of Rent Claimed in Nonpayment Petition Required Dismissal of Case

August 28, 2024    

Landlord sued to evict tenant in November 2022 for nonpayment of rent. Landlord obtained a default judgment of possession and eviction warrant against tenant after she failed to appear in court. On Dec. 14, 2022,...

Unnamed Occupant Discovered at Premises When Eviction Was Scheduled

August 27, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord and issued a judgment of possession and eviction warrant after tenant failed to comply with five separate settlement...