EVICTION

Landlord Illegally Locked Out Subtenant

May 23, 2023    

Subtenant sued the building owner, its managing agent, and the building super, claiming illegal eviction. Subtenant claimed that, about a month after he sublet an apartment, the super changed the locks to the front...

Landlord Can Eject Tenant After Proving Apartment Was Properly Deregulated

May 23, 2023    

Landlord sued to eject tenant and for rent arrears. Tenant's lease expired on Feb. 29, 2022, and tenant remained in the apartment without paying rent. Tenant, in turn, claimed rent overcharge and improper...

Landlord Co-op Corporation Properly Terminated Proprietary Lease under Business Judgment Rule

May 23, 2023    

Landlord cooperative corporation sued to evict shareholder tenant after sending a notice to cure and tenancy termination notice. Landlord claimed nuisance by apartment occupants, who were tenant's licensees--her...

Court Grants Extension of Eviction Date to Accommodate Occupant with Children

April 26, 2023    

Landlord commenced a licensee holdover eviction proceeding to evict apartment occupants. Landlord described itself as a provider of a "scatter-site program" that provided supportive housing for homeless...

Poughkeepsie Court Finds Local Good Cause Eviction Law Void and Unenforceable

April 26, 2023    

Dutchess County landlord sued to evict tenant in its Poughkeepsie building for nonpayment of rent. Tenant asked the court to dismiss the case without trial and challenged his most recent increase of 5 percent over...

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...