PROCEDURE-COURT

Landlord Can't Amend Court Papers to Add Nuisance Claim

June 22, 2021    

Landlord sued to evict rent-stabilized tenant's son and other apartment occupants after tenant permanently moved to a nursing home before September 2020. Landlord claimed the occupants were licensees. Landlord...

Landlord Didn't Identify Apartment's Rent-Regulatory Status

June 21, 2021    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that back rent totalled $39,000. Tenant claimed part of the claimed rent had been paid. Tenant also argued that landlord's listing of rent...

Landlord Can't Intervene in Article 81 Guardianship Proceeding for Tenant

June 20, 2021    

Landlord sued to evict tenant for nonpayment of rent in 2018. When the parties first appeared, it was shown that tenant was diagnosed as bipolar. Adult Protective Services then intervened, and the court appointed a...

Court Lets Tenant Intervene in Landlord's Article 78 Proceeding Against DHCR

June 18, 2021    

Landlord filed an Article 78 petition against the DHCR, seeking judicial review of the DHCR's ruling that a tenant was overcharged. The tenant asked permission to intervene in the Article 78 proceeding. Although...

HPD Can't Seek Civil Penalties from Landlord in Tenant's HP Proceeding

May 25, 2021    

Tenant sued landlord in housing court in an HP proceeding, seeking correction of specified conditions that violated the Housing Maintenance Code (HMC). HPD later asked the court to hold landlord in contempt and...

Federal Court Dismisses Landlord Case Seeking CEEFPA Injunction

May 25, 2021    

Five landlords sued the New York State Attorney General (AG) in federal court in February 2021, challenging the constitutionality of Part A of the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (...

Eviction Case Dismissed Based on Improper Service of Court Petition

May 24, 2021    

Landlord sued to evict tenant for creating a nuisance through improper conduct. Tenant asked the court to dismiss the case based on improper service of the court papers. Tenant pointed out that landlord's notices...

Landlord Never Served Tenant with Petition

May 24, 2021    

Landlord sued to evict tenant for creating a nuisance. Landlord later asked the court for permission to amend its notice of petition. Tenant, in turn, asked the court to dismiss the case. Landlord had sent its court...

Landlord's Predicate Notices Were Defective

May 24, 2021    

Landlord sued to evict tenant for nuisance and for violating his lease by illegally subletting his apartment for short-term rentals at excessive rates and without landlord's knowledge or consent. Landlord also...

No Proof CEEFPA Nuisance Exception Applied to Tenant

April 23, 2021    

Landlord sued to evict tenant for creating a nuisance through harassing behavior. Tenant claimed retaliatory eviction and asked for a temporary stay of the case until May 1, 2021, under CEEFPA after filing a hardship...

Rye City Court Had No Jurisdiction Over Out-Of-State Landlord

April 23, 2021    

Former tenant sued landlord in small claims court in Rye, N.Y., for return of his security deposit. The court dismissed the case, finding that it had no jurisdiction over landlord or tenant. Landlord lived in Georgia...

Failure to Register Current Rent Results in Dismissal of Nonpayment Case

April 23, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord's rent demand and petition were defective because the claimed rent exceeded the contract rent. Tenant also...