EVICTION

Evicted Tenant Who Had Undisclosed ERAP Stay Restored to Possession

August 23, 2022    

Landlord sued to evict tenant for nonpayment of rent, then evicted tenant after obtaining a default judgment. Tenant then filed an order to show cause, seeking restoration to the premises. Tenant pointed out that he...

Nonprofit Tenant Can Evict Unauthorized Occupant Who Paid Landlord with ERAP Funds

August 23, 2022    

Tenant, a community nonprofit organization, sued to evict apartment occupant, whom their deceased client/subtenant had permitted to live in the apartment in violation of tenant's house rules. Before the COVID...

Court Finds Albany's Good Cause Eviction Law to Be Invalid

July 24, 2022    

The Supreme Court of Albany County found that the City of Albany’s Good Cause Eviction law (Local Law F of 2021) was in direct conflict with and preempted by New York State law. The plaintiffs argued...

Court Won't Delay Eviction Case Against Unregulated Tenant Based on Pending HP Proceeding

July 21, 2022    

Landlord sued to evict unregulated tenant in a three-family house after sending a 60-day termination notice to tenant at the apartment. The notice was sent by conspicuous place service after attempts at personal...

Unauthorized Subtenant Who Filed ERAP Application Gets Stay of Eviction Proceeding

July 21, 2022    

Landlord sued to evict tenant for illegally subletting her apartment and profiteering by charging subtenants more than the legal rent. The subtenant had in fact filed a rent overcharge complaint against tenant with...

Landlord Can't Evict Nonprofit Under RSC Section 2520.11(f)

June 27, 2022    

Landlord sued to evict a charitable non-for-profit organization that was a successor in interest to landlord's former month-to-month tenant, which was also a charitable not-for-profit. Landlord claimed that the...

ERAP Stay Vacated in Case Where Eviction Warrant Issued Pre-Pandemic

June 24, 2022    

Landlord sued to evict unregulated tenants of a two-family home in September 2019. Landlord and tenants signed a so-ordered settlement agreement in court and agreed to move out. The stipulation included a final...

Eviction Proceeding Was Retaliatory After Tenant Complained to HPD

June 14, 2022    

Landlord sued to evict tenant. Tenant asked the court to dismiss the case without trial. She claimed that the eviction action was retaliatory. Landlord sued to evict tenant after she made numerous good-faith...

Court Vacates ERAP Stay Where Tenant Is Unregulated and Landlord Won't Accept ERAP Funds

May 25, 2022    

Landlord sued to evict unregulated tenant in early 2022 based on termination of their tenancy. On Feb. 3, 2022, tenant's attorney advised landlord and the court that tenant had filed an ERAP application and asked...

Court Lets Eviction Stand, Despite Late-Filed ERAP Application

May 25, 2022    

Landlord sued to evict unregulated tenants for nonpayment of rent in December 2019, claiming that tenants owed $14,000 for the period between May and November 2019. In January 2020, landlord and tenants stipulated in...

No Illegal Lockout Since Tenant Was Restored to Possession After Filing Order to Show Cause

May 25, 2022    

Tenant brought an order to show cause against landlord under Real Property Actions and Proceedings Law Section 713(10), claiming landlord illegally locked him out of his apartment. Tenant was restored to possession...

Landlord Can Proceed with Eviction Delayed Since March 2020 by Pandemic

May 25, 2022    

Landlord sued to evict unregulated tenant after the tenancy terminated. The court granted landlord a judgment of possession and issuance of an eviction warrant, with execution on the warrant stayed through March 31,...