EVICTION

Court Won't Vacate ERAP Stay Where Lease Not Renewed But No Eviction Warrant Yet Executed

March 27, 2023    

Landlord sued to evict unregulated tenant in 2013, after landlord didn't renew tenant's lease and terminated her tenancy. Tenant claimed she was rent stabilized, and the case was stayed while the DHCR...

Court Vacates Stay of Tenant's ERAP Application, Filed After Eviction Warrant Issued

March 27, 2023    

Landlord sued to eject tenant in a State Supreme Court action, stating that tenant's lease had expired on April 30, 2021, and that tenant failed to sign an offered renewal lease. In November 2022, the court ruled...

Landlord Can Evict Tenant Who Didn't Prove Hardship under TSHA

March 24, 2023    

Landlord sued to evict tenant for nonpayment of rent. The case was settled with a two-attorney settlement agreement in July 2020, which gave landlord a money judgment for $20,761 for all rent due and owing through...

No Proof That FHEPS Application Was Being Processed

March 24, 2023    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a so-ordered settlement agreement in court in August 2022, giving landlord a judgment of possession and staying execution of the...

Co-op Can Terminate Shareholder's Proprietary Lease Based on Objectionable Conduct

February 22, 2023    

Landlord cooperative corporation sued to eject co-op shareholder tenant based on tenant's objectionable conduct. Landlord claimed that tenant constantly harassed her neighbors, and asked the court to rule in its...

Orange County Court Strikes City of Newburgh's Good Cause Eviction Law

December 19, 2022    

Several landlords together sued the City of Newburgh and sought a judgment declaring that Newburgh Local Law 6 of 2021 was invalid. Local Law 6 provided that no landlord could evict a tenant except for good cause as...

Eviction Case Against Tenant of Damaged Apartment Dismissed for Retaliatory Eviction

October 25, 2022    

Landlord sued to evict tenant in 2022 after terminating her tenancy. Tenant claimed retaliatory eviction and constructive eviction. Tenant had moved out of her basement apartment on a temporary basis several years...

Court Lifts Subtenant's Bankruptcy Stay So Landlord Can Proceed with Eviction Case

September 28, 2022    

The subtenant of an apartment located in landlord's building filed a Chapter 7 bankruptcy petition, which automatically imposed a stay on all creditors including landlord. Landlord asked the court to lift the...

Eviction Proceeding Dismissed Due to Improper Nonrenewal Notice

August 23, 2022    

Landlord sued to evict unregulated tenants. The court dismissed the case because landlord failed to serve tenants with a valid, statutorily required 90-day notice before starting the case. Before HSTPA was enacted on...

Licensee Entitled to ERAP Stay

August 23, 2022    

Landlord sued to evict tenant's daughter after tenant died. Landlord claimed that the daughter was a licensee who no longer had a right to be in tenant's apartment. The daughter asked the court to dismiss the...

Evicted Tenant Who Had Undisclosed ERAP Stay Restored to Possession

August 23, 2022    

Landlord sued to evict tenant for nonpayment of rent, then evicted tenant after obtaining a default judgment. Tenant then filed an order to show cause, seeking restoration to the premises. Tenant pointed out that he...

Nonprofit Tenant Can Evict Unauthorized Occupant Who Paid Landlord with ERAP Funds

August 23, 2022    

Tenant, a community nonprofit organization, sued to evict apartment occupant, whom their deceased client/subtenant had permitted to live in the apartment in violation of tenant's house rules. Before the COVID...