EVICTION

Landlord Can't Prove Good Faith Intent to Withdraw Rent-Stabilized Apartment from Market

March 26, 2024    

Landlord applied to the DHCR in 2020 for a ruling granting permission to refuse to renew a rent-stabilized tenant's lease because it sought to remove the apartment from the rental market for its own business use...

Rent-Stabilized Tenant Had No Lease in Effect

March 9, 2024    

Landlord sued in August 2023 to evict rent-stabilized tenant for nonpayment of rent between August 2022 and June 2023. Among other things, tenant pointed out that she didn't have a renewal lease from 2019 through...

Court Must Determine Whether Martin Act Applies to Eviction Case Against Subtenant

January 22, 2024    

Landlord sued to evict apartment subtenant after sending a 60-day notice of nonrenewal and termination of residential subtenancy. Landlord asked the court to rule in its favor without a trial and grant possession...

New Owner Seeking Eviction Didn't Show Prior Owner Was in Occupancy under Expired Agreement

January 8, 2024    

Landlord sued to evict the prior owner of a two-family house in 2020, after serving a 10-day notice to quit. Landlord claimed that the occupant had been a licensee, whose license had now expired since title passed to...

Former Owner Illegally Locked Out of Building Where He Lived

December 20, 2023    

Former building owner, who lived in the building, sued mortgage company for illegal lockout. The court ruled for the owner after trial. The owner testified that he'd lived at the building since July 2007 and...

Tenant Can't Sue Landlord for Removing Property After Court Ruling Permitted Removal

November 27, 2023    

Former tenant and another person sued landlord for breach of bailment and emotional distress, claiming that landlord had removed and damaged personal property from an apartment after tenant's eviction. Landlord...

Illegal Lockout Case Against Landlord Dismissed for Lack of Credibility

October 27, 2023    

Tenant sued landlord, claiming illegal lockout. She claimed that she and her family left their apartment for a one-week vacation. When they returned, the locks to the building and their apartment had been changed and...

Court Vacates ERAP Stay After Long Delays in Eviction Case

September 25, 2023    

Upstate landlord sued to evict unregulated tenant in 2020. The case was delayed due to the eviction moratorium, tenant's Hardship Declaration, and, later, tenant's filing of an ERAP application for rental...

Tenant Failed to Demonstrate Retaliatory Eviction Action by Landlord

July 26, 2023    

Tenant sued landlord for retaliation under RPL Section 223-b, breach of the warranty of habitability, and attorneys' fees. The court ruled against tenant, who appealed and won, in part. The appeals court affirmed...

Appeals Court Won't Vacate Eviction Judgment After Tenant Given Repeated Extensions

July 26, 2023    

Landlord sued to evict tenant in February 2020, seeking to recover possession of an unregulated apartment. Landlord and tenant, both represented by attorneys, signed a settlement stipulation, so-ordered by the court...

Tenant Surrendered Possession by Operation of Law 8 Months Before Landlord Changed Locks

June 27, 2023    

Tenant sued landlord for illegal lockout in April 2023. The court dismissed the case when tenant failed to appear in court on May 1, 2023. But the court granted tenant's subsequent Order to Show Cause to vacate...

Tenant Scatter Site Program Fails to Prove Grounds for Eviction of Program Participant

May 23, 2023    

Tenant (HCCI) was a scatter site housing program that claimed to have an agreement with the NY Human Resources Administration (HRA) to house participants in HCCI's program. HCCI provided housing to its subtenant...