EVICTION

Tenant Must Comply with Amended LIHTC Income Recertification Requirements

October 28, 2019    

Landlord sued to evict rent-stabilized tenant based on a claimed violation of a substantial obligation of her tenancy. Landlord claimed that tenant failed to certify under the requirements of the Low Income Housing...

Occupants Given Extended Time to Move Out Post-Judgment

October 23, 2019    

Landlord sued to evict apartment occupants after tenant moved out. The court ruled for landlord, finding that occupants were licensees, not tenants. The court gave occupants five months to move out, provided they...

Tenant's Son, as Licensee, Had No Standing to Claim Retaliatory Eviction

October 23, 2019    

Landlord sued to evict unregulated tenant and her adult son. The son appeared in court and claimed retaliatory eviction. A guardian ad litem also was appointed for tenant. The son claimed that landlord sued to evict...

Predicate Notices Didn't State Grounds for Terminating Lease

September 25, 2019    

Landlord sued to evict tenant after notifying him of a deterioration of the property's plumbing and sewage pipes that could lead to hazardous living conditions. The court granted tenant's request to dismiss...

Landlord Can Evict Tenant for Drugs, Guns, and Ammo Found in Apartment

September 23, 2019    

Landlord sued to evict rent-stabilized tenant based on illegal activity in the apartment. The court ruled for landlord. Tenant claimed no knowledge of other occupants' activities. But the apartment was used for...

Co-op Shareholder Tenant Seeks to Evict Gay Life Partner

September 22, 2019    

Co-op apartment shareholder tenant sued to evict his gay life partner, after sending the partner a notice to quit and claiming that he was a licensee. The partner argued that he wasn't a licensee, but a family...

Resident Discharged from Treatment Facility Can't Claim Unlawful Eviction

September 21, 2019    

Former resident of residential substance abuse treatment facility sued the treatment facility operator for unlawful eviction and deprivation of property without due process of law. The court granted the facility...

Tenant Entitled to Oust Apartment Occupants Without Legal Process

August 27, 2019    

Apartment occupants sued landlord NYCHA and the apartment's tenant of record for illegal lockout. They asked the court to restore them to possession. Occupants later stated that they didn't want to be...

Tenant Misrepresented Income and Family Composition Information

July 15, 2019    

Landlord sued to evict tenant for being in material noncompliance with his lease. Landlord claimed that tenant didn't disclose all of his income on his initial 2012 application for low-income, rent-stabilized,...

Judgment for Landlord Vacated Where Occupant Showed Mental Illness After Trial

May 24, 2019    

Landlord sued to evict apartment occupant after rent-stabilized tenant was no longer in the unit. The trial court ruled for landlord. A bit later, occupant asked the court to vacate the judgment and reopen the case...

Family Exception Didn't Apply to Landlord's Eviction Proceeding

February 26, 2019    

Landlord sued to evict tenant. Landlord was tenant's stepdaughter. Landlord asked the court to decide the case without trial. Tenant claimed that there was a family exception that prevented eviction. The court...

Evicted Tenant Excused from Settlement Default and Restored to Possession

February 21, 2019    

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant consented to the entry of a judgment of possession in landlord's favor, with execution of the warrant stayed provided she pay her rent by the...