EVICTION

Licensee Daughter Not Eligible for Eviction Moratorium Protection

July 27, 2021    

Landlord was the managing agent for the estate of a deceased woman who owned a two-family house. The woman had permitted her daughter to live in the house. Landlord now sought the daughter's eviction. The...

Deceased Super's Domestic Partner Gets Stay of Eviction Under CEEFPA

July 26, 2021    

Landlord sued to evict its building's former superintendent after terminating the super's employment. The parties settled the case in court in December 2019, giving landlord a final judgment of possession...

Court Dismisses Roommate's Illegal Lockout Claim Against Tenant

July 26, 2021    

Former roommate sued tenant and new apartment occupant, claiming that tenant illegally locked him out of a room he had rented in tenant's apartment. The court noted that the roommate, as a licensee, normally didn...

CEEFPA Hardship Declaration Stayed Eviction Case Against Former Super

July 26, 2021    

Landlord sued to evict former building super after terminating the super's employment. The super had never paid rent or use and occupancy while employed by the landlord. In response to the eviction petition, the...

Eviction Warrant Vacated When HRA Paid Tenant's Back Rent

June 22, 2021    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled the case. Tenant agreed to a final judgment and to pay arrears to avoid eviction. Landlord later filed a DRP 213 motion for permission...

Landlord Unlawfully Locked Out Occupant Who Claimed Succession Rights

June 22, 2021    

Apartment occupant sued landlord, claiming unlawful eviction, and asked to be restored to possession of his apartment. Tenant claimed that landlord changed one of the locks on the apartment entrance door before he...

Default Judgment and Eviction Warrant Vacated Under CEEFPA

June 22, 2021    

Landlord sued to evict tenant for nonpayment of rent and obtained a default judgment against tenant in March 2020. Landlord later asked the court for permission to execute on the eviction warrant. Tenant now appeared...

Court Stays Eviction Based on Tenant's Hardship Declaration

May 24, 2021    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay $18,358 in back rent, and landlord agreed to make repairs. When tenant failed to...

NYCHA Can't Evict Tenant Who Struck Its Employee

March 29, 2021    

Landlord NYCHA terminated tenancy because tenant assaulted and injured a NYCHA employee at the building. Tenant filed an Article 78 court appeal, claiming that NYCHA's decision was arbitrary and unreasonable. The...

Evicted Tenant Presents No Cause for Restoration to Possession

March 29, 2021    

Landlord sued to evict unregulated month-to-month tenant in January 2019. Landlord and tenant signed a court-ordered settlement agreement giving landlord a judgment of possession and delaying execution on an eviction...

Court Rules CEEFPA Applied to Ejectment Action

March 29, 2021    

Landlord sued in State Supreme Court to eject tenant from co-op apartment. The court ruled for landlord and issued a judgment and a warrant in late 2020. Tenant then filed a hardship declaration pursuant to the COVID...

Landlord's Request to Restore Eviction Case to Court Calendar Denied

March 26, 2021    

Landlord sued to evict tenant when tenant's lease expired, and later sought to restore the case to the court's calendar even though the COVID-19 Emergency Eviction Foreclosure Prevention Act (CEEFPA) provided...