EVICTION

Federal Court Denies Preliminary Injunction Against Amended Hardship Declaration Law

December 22, 2021    

A group of landlords challenged New York's COVID Emergency Eviction and Foreclosure Prevention Act (CEEFPA) in federal court. The District Court ruled against plaintiff-landlords, who then filed an appeal to the...

CEEFPA as Amended Expands Definition of Protected Tenants

November 18, 2021    

Landlord sued to evict tenant, and in August 2019, the parties settled the case, with a judgment and warrant for landlord. Tenant agreed to move out by a certain date but sought and obtained several extensions of the...

Landlord Who Questions Tenant's Hardship Declaration Is Entitled to Hearing

November 17, 2021    

Landlord, who lived in a three-family house, sued to evict an unregulated tenant who lived in another apartment in the house after the tenancy was terminated in 2019. The court ruled for landlord in October 2020,...

Landlord Who Illegally Evicted Tenant Must Restore Tenant to Re-rented Apartment

November 17, 2021    

Tenant sued landlord for illegal eviction and sought restoration to the apartment. The court ruled for tenant based on landlord's failure to appear. Landlord then asked the court to vacate the default judgment...

Landlord Challenges Tenant's Hardship Declaration

November 17, 2021    

Landlord of a two-family house sued to evict unregulated tenant with no lease in early 2020 after sending a 30-day termination notice. The parties settled the case in court on Jan. 21, 2020, giving landlord a...

Landlord Gets Judgment of Possession in Pre-COVID Proceeding

October 27, 2021    

Landlord sued to evict tenant for nonpayment of rent in 2019. In March 2021, after a period where the case was suspended during the COVID-19 pandemic, landlord sought to restore the case to the court's calendar...

Hardship Declaration Protection Applied to Delay Eviction in Class Action

October 27, 2021    

Tenants brought a class action against landlord claiming improper deregulation of their apartments and rent overcharge. While the case was pending, the court ordered tenants to pay monthly use and occupancy pending a...

Tenant Illegally Locked Out Roommate and Must Permit Re-Entry

October 27, 2021    

A roommate sued tenant, claiming that tenant illegally locked him out of the apartment they shared. Tenant claimed that the roommate had just crashed for two weeks on a couch in the living room and had no rights to...

Landlord Questions Tenants' Hardship Declaration in Eviction Proceeding

October 27, 2021    

Landlord sued to evict tenants who received monthly rental assistance payments from HUD under a program requiring them to submit annual income recertifications. Landlord had sent tenants a notice to cure, and later a...

Prior Owner and Occupant Didn't Qualify for CEEFPA Protection

October 27, 2021    

Hanspal, the prior owner of a building, had obtained a mortgage but defaulted on payments. The mortgagee obtained a judgment of foreclosure and sale. The new owner obtained judgments of possession against prior owner...

Tenants Who Didn't File Hardship Declaration Can't Delay Eviction

October 27, 2021    

Landlord sued to evict tenants for nonpayment of rent. The case was adjourned until May 2021 given COVID-19 pandemic closures, but an eviction warrant was then issued due to tenants' default and failure to file a...

Federal Appeals Court Rejects Landlords' Challenge to New NY Eviction Moratorium Law

October 27, 2021    

A group of landlords challenged New York's COVID Emergency Eviction and Foreclosure Prevention Act (CEEFPA) in federal court. The lower court ruled against plaintiff-landlords, who then filed an appeal to the...