EVICTION

Landlord Illegally Locked Tenant Out of Room in House

March 26, 2021    

Tenant sued landlord, claiming illegal lockout from a room in landlord's house. He claimed that he had lived there for 14 years, first in one smaller room, then in a larger room, and later returned to the smaller...

Tenants' Claim of Financial Hardship, Health Risks Delays Landlord's Recovery of Unit

March 26, 2021    

Landlord obtained a building at a public auction, then sought a writ of assistance to remove tenants of one apartment. Tenants argued that the sale was made "subject to any rights of tenants or persons in...

Tenant Can Eject Roommate Who Paid No Rent

February 24, 2021    

Tenant sued to eject apartment occupant, who had been her friend and roommate for about 10 years, after sending him two 10-day notices to quit. In late 2019, tenant and roommate entered an agreement by which the...

Hearing Needed on Tenant's Safe Harbor Act Defense

February 24, 2021    

Landlord sued to evict tenant for nonpayment of rent in 2018. Landlord and tenant signed a settlement agreement that gave landlord a money judgment for $8,301 in back rent. An eviction warrant was issued, and the...

Court Must Delay Eviction Under COVID Emergency Law

February 24, 2021    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, issued an eviction warrant, but delayed execution on the warrant until Jan. 1, 2021, based on the 2020 Tenant Safe Harbor Act...

Eviction Warrant Improperly Issued

February 11, 2021    

Landlord sued to evict month-to-month tenants in a holdover proceeding filed in State Supreme Court. Landlord had rented the apartment on condition that tenants would vacate within 30 days of notice that landlord had...

Shareholder Tenant Can Evict Apartment Occupant

February 10, 2021    

A cooperative shareholder tenant sued to evict occupant from her apartment, claiming that she had terminated his license to live there. The housing court denied tenant's request to grant eviction without a trial...

Tenant Gets Judgment from Subtenant for Back Rent While Moratorium Stays Eviction

January 26, 2021    

Shareholder-tenant of a co-op apartment sued to evict his subtenant. That case was consolidated in State Supreme Court with a separate action concerning subtenant's right under the sublease to purchase tenant...

Tenant Repeatedly Let Banned Drug-Dealing Brother into Apartment

January 26, 2021    

Tenant of NYCHA-operated building signed an agreement with landlord in 2014 after her brother was arrested at the apartment for unlawful possession, sale, or attempted sale of heroin. The agreement put tenant on...

Tenant Can Raise Financial Hardship Defense

January 25, 2021    

Landlord sued to evict unregulated tenant occupying a co-op apartment for nonpayment of rent in November 2018. After a default judgment and warrant were issued in February 2019, the court granted tenant's order...

Landlord Illegally Evicted Tenant's Daughter After Tenant Died

December 21, 2020    

Tenant's adult daughter sued landlord, claiming illegal eviction. She claimed that she contacted landlord in early September 2020 and informed landlord that tenant had died and she wanted to clear up any back...

Court Issues Eviction Warrant Under DRP 213 for Pre-Pandemic Case

December 21, 2020    

Landlord sued to evict tenant for nonpayment of rent in October 2019. Landlord and tenant, represented by an attorney, signed a settlement agreement in December 2019. Tenant agreed to pay back rent due, and landlord...