EVICTION

Landlord's Chronic Nonpayment Claim Against Tenant Dismissed

September 25, 2018    

Landlord sued to evict rent-stabilized tenant for violating a substantial tenancy obligation through chronic nonpayment of rent. Landlord claimed that it had started seven nonpayment proceedings against tenant...

Co-op Didn't Get Board Approval Before Seeking Eviction of Shareholder Tenant

August 11, 2018    

Landlord cooperative corporation sued to evict shareholder tenant for noncureable objectionable conduct. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord failed to...

Was Occupant Improperly Locked Out of Transitional Housing Program?

August 11, 2018    

Occupant of federally funded transitional housing program for formerly homeless individuals sued operator, claiming that he was unlawfully excluded based on claimed disruptive behavior. The court ruled for occupant...

Tenant Used Mitchell-Lama Apartment for Prostitution

July 22, 2018    

Landlord sued to evict Mitchell-Lama tenant for illegal use of his apartment in violation of Real Property Actions and Proceedings Law Section 711(5) and Real Property Law Section 231(1). The court ruled for landlord...

Tenant Presented No Basis for Restoration to Possession

June 24, 2018    

Tenant asked the housing court to be restored to possession of his apartment seven months after the eviction. The court ruled against tenant, who appealed and lost. The court petition papers were properly served by...

Tenant Violated Agreement to Keep Her Son Out of Apartment

June 23, 2018    

In 2007, NYCHA charged tenant with nondesirability based on its claim that tenant's son possessed and sold crack cocaine at or near the building complex grounds. Tenant signed a settlement agreement with landlord...

Court Denies Writ of Prohibition Sought by Tenant Against Housing Court Order

June 23, 2018    

Tenant sought a writ of prohibition against enforcement of a housing court order after the court granted landlord's request for re-executing a warrant of eviction. The court ruled against tenant, who appealed and...

No Retaliatory Eviction Found Against Month-to-Month Tenant

May 29, 2018    

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant claimed that the eviction action was retaliatory and that the building was an interim multiple dwelling (IMD) subject to...

Court Grants Delay in Evicting Tenant Based on Hardship

May 28, 2018    

Landlord sued to evict tenant for chronic nonpayment of rent after commencing eight nonpayment proceedings against tenant within 30 months. In each case, tenant paid the back rent owed and didn't raise defenses....

Tenant Restored to Possession After Completing Back Rent Payments

May 26, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant was later evicted for defaulting under the terms of that agreement. The court then granted...

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...

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