EVICTION

Landlord Can't Evict Nonprofit Under RSC Section 2520.11(f)

June 27, 2022    

Landlord sued to evict a charitable non-for-profit organization that was a successor in interest to landlord's former month-to-month tenant, which was also a charitable not-for-profit. Landlord claimed that the...

ERAP Stay Vacated in Case Where Eviction Warrant Issued Pre-Pandemic

June 24, 2022    

Landlord sued to evict unregulated tenants of a two-family home in September 2019. Landlord and tenants signed a so-ordered settlement agreement in court and agreed to move out. The stipulation included a final...

Eviction Proceeding Was Retaliatory After Tenant Complained to HPD

June 14, 2022    

Landlord sued to evict tenant. Tenant asked the court to dismiss the case without trial. She claimed that the eviction action was retaliatory. Landlord sued to evict tenant after she made numerous good-faith...

Court Vacates ERAP Stay Where Tenant Is Unregulated and Landlord Won't Accept ERAP Funds

May 25, 2022    

Landlord sued to evict unregulated tenant in early 2022 based on termination of their tenancy. On Feb. 3, 2022, tenant's attorney advised landlord and the court that tenant had filed an ERAP application and asked...

Court Lets Eviction Stand, Despite Late-Filed ERAP Application

May 25, 2022    

Landlord sued to evict unregulated tenants for nonpayment of rent in December 2019, claiming that tenants owed $14,000 for the period between May and November 2019. In January 2020, landlord and tenants stipulated in...

No Illegal Lockout Since Tenant Was Restored to Possession After Filing Order to Show Cause

May 25, 2022    

Tenant brought an order to show cause against landlord under Real Property Actions and Proceedings Law Section 713(10), claiming landlord illegally locked him out of his apartment. Tenant was restored to possession...

Landlord Can Proceed with Eviction Delayed Since March 2020 by Pandemic

May 25, 2022    

Landlord sued to evict unregulated tenant after the tenancy terminated. The court granted landlord a judgment of possession and issuance of an eviction warrant, with execution on the warrant stayed through March 31,...

Case Dismissed When Tenant Testified He No Longer Sought Restoration to Possession

March 28, 2022    

Tenant sued landlord for illegal lockout from his apartment. Pending a hearing on tenant's emergency order to show cause, the court directed landlord not to re-rent or remove any of the apartment contents. Tenant...

Former Tenants of Foreclosed Property Didn't Pay Rent and Couldn't Stay Eviction Under ERAP

March 28, 2022    

Landlord, which had obtained the subject property in a foreclosure action in March 2019, sued to evict tenants in October 2019. The court ruled for landlord on Jan. 28, 2020. Because of the COVID pandemic and...

Eviction Case Against ETPA Tenant Without Stated Grounds Was Dismissed

March 28, 2022    

Landlord sued to evict rent-stabilized tenant after serving a 30-day termination notice. The court granted tenant's request to dismiss the case. Landlord failed to cite in its petition any of grounds acceptable...

Tenant Social Service Agency's Eviction Action Against Subtenant Dismissed

February 21, 2022    

Tenant social service agency sued to evict subtenant after his rental agreement expired and he had remained as a month-to-month tenant. Tenant claimed the apartment was exempt from rent regulation under Rent...

Tenant Illegally Locked Out Subtenant

February 15, 2022    

Subtenant sued tenant, claiming that she had illegally locked him out of the apartment. At trial, the subtenant proved he had been in exclusive possession of the apartment under a subtenancy arrangement since late...