EVICTION

EVICTION

Landlord Can Evict Tenant's Granddaughter for Illegal Drug Activity

November 27, 2018    

Landlord sued to evict tenant and her granddaughter based on the granddaughter's illegal drug activities at the apartment. The trial court ruled for landlord. The granddaughter appealed and lost. Landlord...

Tenant Must Pay Damages to Former Roommate She Illegally Evicted

November 27, 2018    

Former roommate sued rent-stabilized tenant for breach of contract or warranty, and illegal eviction, seized property, and obstruction of mail. She sought $15,720 in damages. Tenant had locked roommate out of the...

Court Dismisses Squatter's Claim of Improper Service of Court Papers

November 27, 2018    

Landlord sued to evict a squatter, claiming that she had no permission or right to be in the building. She had been the prior building owner, who lost the building in a foreclosure action. The squatter failed to...

Landlord Locked Out Tenant After Illegal Subtenant Moved Out

November 25, 2018    

Landlord sued to evict tenant for illegally subletting her rent-stabilized apartment. The subtenant appeared in court and agreed to move out. The settlement agreement included a final judgment of possession in...

Tenant's Licensee Can't Sue Landlord for Illegal Lockout

November 12, 2018    

Apartment occupant sued landlord, claiming that she had been illegally locked out of an apartment. The court ruled against occupant, who appealed and lost. Occupant was a Section 8 tenant of another apartment in a...

Two-Family House Owner Can't Evict Brother as Licensee

October 29, 2018    

The owner of a two-family house sued to evict her brother from a garage studio apartment at the building. The owner claimed that the brother was a licensee. He had lived in the house since his teenage years, except...

Landlord Can Evict Occupants After Tenant Defaults in Nonpayment Proceeding

October 22, 2018    

Landlord sued to evict tenant for nonpayment of rent. After tenant failed to answer or otherwise appear in court, the court entered a default judgment against tenant and "all other persons" residing in the...

Landlord's Chronic Nonpayment Claim Against Tenant Dismissed

September 25, 2018    

Landlord sued to evict rent-stabilized tenant for violating a substantial tenancy obligation through chronic nonpayment of rent. Landlord claimed that it had started seven nonpayment proceedings against tenant...

Co-op Didn't Get Board Approval Before Seeking Eviction of Shareholder Tenant

August 11, 2018    

Landlord cooperative corporation sued to evict shareholder tenant for noncureable objectionable conduct. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord failed to...

Was Occupant Improperly Locked Out of Transitional Housing Program?

August 11, 2018    

Occupant of federally funded transitional housing program for formerly homeless individuals sued operator, claiming that he was unlawfully excluded based on claimed disruptive behavior. The court ruled for occupant...

Tenant Used Mitchell-Lama Apartment for Prostitution

July 22, 2018    

Landlord sued to evict Mitchell-Lama tenant for illegal use of his apartment in violation of Real Property Actions and Proceedings Law Section 711(5) and Real Property Law Section 231(1). The court ruled for landlord...

Tenant Presented No Basis for Restoration to Possession

June 24, 2018    

Tenant asked the housing court to be restored to possession of his apartment seven months after the eviction. The court ruled against tenant, who appealed and lost. The court petition papers were properly served by...