EVICTION

Landlord Gets Judgment of Possession in Pre-COVID Proceeding

October 27, 2021    

Landlord sued to evict tenant for nonpayment of rent in 2019. In March 2021, after a period where the case was suspended during the COVID-19 pandemic, landlord sought to restore the case to the court's calendar...

Hardship Declaration Protection Applied to Delay Eviction in Class Action

October 27, 2021    

Tenants brought a class action against landlord claiming improper deregulation of their apartments and rent overcharge. While the case was pending, the court ordered tenants to pay monthly use and occupancy pending a...

Tenant Illegally Locked Out Roommate and Must Permit Re-Entry

October 27, 2021    

A roommate sued tenant, claiming that tenant illegally locked him out of the apartment they shared. Tenant claimed that the roommate had just crashed for two weeks on a couch in the living room and had no rights to...

Landlord Questions Tenants' Hardship Declaration in Eviction Proceeding

October 27, 2021    

Landlord sued to evict tenants who received monthly rental assistance payments from HUD under a program requiring them to submit annual income recertifications. Landlord had sent tenants a notice to cure, and later a...

Prior Owner and Occupant Didn't Qualify for CEEFPA Protection

October 27, 2021    

Hanspal, the prior owner of a building, had obtained a mortgage but defaulted on payments. The mortgagee obtained a judgment of foreclosure and sale. The new owner obtained judgments of possession against prior owner...

Tenants Who Didn't File Hardship Declaration Can't Delay Eviction

October 27, 2021    

Landlord sued to evict tenants for nonpayment of rent. The case was adjourned until May 2021 given COVID-19 pandemic closures, but an eviction warrant was then issued due to tenants' default and failure to file a...

Federal Appeals Court Rejects Landlords' Challenge to New NY Eviction Moratorium Law

October 27, 2021    

A group of landlords challenged New York's COVID Emergency Eviction and Foreclosure Prevention Act (CEEFPA) in federal court. The lower court ruled against plaintiff-landlords, who then filed an appeal to the...

Landlord Didn't Register Building or Comply with CEEFPA

September 28, 2021    

Landlord sued building tenants for breach of contract based on rent arrears, as well as property damage. Landlord also sought ejectment of tenants. The court granted tenants' request to dismiss the case. The...

U.S. Supreme Court Blocks Extension of Federal Eviction Moratorium by the CDC

September 27, 2021    

When a federal eviction moratorium law expired in July 2021, Congress didn't renew it. The Centers for Disease Control and Prevention (CDC) then imposed an administrative moratorium that covered residential...

State Court Administrative Order Extends Eviction Moratorium But Permits Challenges to Hardship Declaration

September 27, 2021    

On Sep. 8, 2021, the New York State Court System's Chief Administrative Judge issued AO 261/21, a number of restrictions applicable to residential and commercial eviction matters before the NY State Courts. Among...

New York State Legislature Extends Eviction Moratorium to Jan. 15, 2022

September 27, 2021    

On Sep. 2, 2021, Governor Hochul signed into law an extension of the residential and commercial eviction moratoriums through Jan. 15, 2022 (the Moratorium Extension). The new law gives landlords a mechanism to...

Tenant Can't Reopen Nonpayment Case

August 26, 2021    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, awarding possession and a money judgment for $10,183. Tenant then asked the court to reopen the case based on claimed newly...