EVICTION

Landlord Illegally Evicted Tenant While Tenant Was in Prison

April 25, 2018    

Tenant sued landlord for illegal lockout. He claimed that he lived in a basement room with landlord's cousin since 2016, went to jail in November 2017, and returned in February 2018. Landlord said that she didn...

HPD Improperly Issued Certificate of Eviction Against Mitchell-Lama Tenant

April 22, 2018    

Landlord of Mitchell-Lama building applied to HPD for a certificate of eviction against tenant. HPD scheduled a hearing in January 2015. Tenant failed to appear, and the hearing was adjourned. When tenant again...

Tenant in Low-Income Housing Program Failed to Recertify Income

April 21, 2018    

Landlord sued to evict rent-stabilized tenant, who was also subject to the Low-Income Housing Tax Credit (LIHTC) Program, for failing to recertify her household income as required by Section 42 of the program and in...

Landlord Properly Evicted Tenant for Default Under Court Agreement

April 21, 2018    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later obtained eviction based on tenant's default. The court then granted tenant...

Landlord Who Lost Eviction Case Must Pay Damages to Tenant

April 21, 2018    

Landlord sued to evict rent-stabilized tenant of five contiguous SRO units. The court ruled against landlord and ordered landlord to pay tenant damages totalling $250,000. Landlord appealed and lost. Prior landlord...

Landlord's Eviction Case Against Unregulated Tenant Wasn't Retaliatory

April 21, 2018    

Landlord sued to evict unregulated tenant after tenant's lease expired and tenant had remained as a month-to-month tenant. Tenant claimed retaliatory eviction. The court ruled for landlord and found that,...

Supportive Living Facility Properly Denied Entry to Occupant

March 27, 2018    

Occupant sued program operator, claiming unlawful entry and detainer, after the operator denied him entry to a room he shared in a supportive living facility for people with substance abuse problems. The court ruled...

Tenant Underreported Income on Apartment Application

March 26, 2018    

Landlord sued to evict tenant of low-income housing, claiming that tenant substantially underreported his income when he applied for housing in 2012. Tenant claimed that he underreported his income based on...

Landlord Can Evict Tenant Who Violated Settlement Agreement

March 26, 2018    

(Decision submitted by Paul N. Gruber, of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord Didn't Illegally Lock Out Person Claiming to Be Apartment Occupant

March 19, 2018    

(Decision submitted by Eileen O'Toole, of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord Can't Enforce Eviction Warrant After Later Signing Renewal Lease by Mistake

March 18, 2018    

Landlord sued to evict rent-stabilized and subsidized tenant for entering into at least 15 short-term rentals of her apartment at a rate of $350 per night. Tenant's monthly rent was $546. Landlord and tenant...

Tenant Sold Drugs from His Apartment

February 21, 2018    

Landlord sued to evict tenant for conducting unlawful activity in his apartment. Witnesses testified that they complained to police that tenant was selling drugs from the apartment. This led to a police investigation...

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