PROCEDURE-COURT

Landlord Sued Former Tenant for Back Rent and Damages in Improper Format

October 25, 2024    

Landlord apartment owner sued former tenant for back rent owed under lease that tenant broke by vacating early. Tenant's lease term ran from Oct. 1, 2022, through Dec. 31, 2023, but tenant moved out on Jan. 31,...

Landlord Can't Evict Tenant for Nonpayment Where No Lease in Effect

September 24, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, based on rent owed between March 2020 and May 2021 totalling $34,495. At trial, it was shown that after a prior rent-stabilized lease expired in...

No Money Judgment Where Tenant Moved Out Before Trial in Nonpayment Eviction Case

September 24, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed $38,800. Tenant retained counsel, filed an answer, and engaged in motion practice and in failed settlement negotiations...

Court Appoints GAL After Nonpayment Case Settled by Stipulation Given APS Report

September 24, 2024    

Landlord sued to evict tenant for nonpayment of rent.  Landlord and tenant signed a settlement stipulation in court by which landlord was granted a judgment of possession and an eviction warrant, stayed so that...

Tenant Had No Rent-Stabilized Lease and Never Paid Rent to New Landlord

September 24, 2024    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case and denied landlord's request for summary judgment granting possession without a trial. Landlord...

Termination Notice Failed to State Tenant Received Section 8 Subsidy

August 28, 2024    

Landlord sued to evict tenant based on termination of the lease term through a 90-day termination notice. Tenant asked the court to dismiss the case without a trial because landlord failed to comply with termination...

Landlord Failed to Serve VAWA Notice

August 28, 2024    

Landlord sued to evict a month-to-month tenant after serving a 90-day termination notice. Tenant had a federal Section 8 housing subsidy administered by NYCHA under the Section 8 Housing Choice Voucher Program (HCV...

Tenants Can Pursue Class Action Against Landlord for Improper Deregulation, Overcharge

July 26, 2024    

Apartment building tenants sued landlord in 2018 for a declaration that they were rent stabilized and for refund of rent overcharges. The tenants asked the court to certify building tenants as a class based on their...

No Contempt of Court Where Court Order Didn't List Any Violations or Deadlines

July 26, 2024    

Landlord sued to evict tenant for nonpayment of rent. In March 2023, the parties signed a settlement agreement in court by which tenant agreed to pay back rent after landlord made certain repairs. In July 2023,...

Court Grants Tenant Discovery Where Tenant Claims Landlord Engaged in Fraudulent Scheme

July 25, 2024    

Landlord sued to evict tenants and claimed that the apartment had been high-rent vacancy deregulated. Tenants claimed that they were rent stabilized and asked the court for permission to conduct pre-trial ...

Nonpayment Proceeding Dismissed Due to Defective Rent Demand

June 26, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant, finding that landlord's predicate rent demand consisted of a rent ledger that...

Court Rescinds Administrative Order Requiring Special Notice in Eviction Cases During Pandemic

June 26, 2024    

On April 3, 2024, the Chief Administrative Judge of the Courts of New York issued Administrative Order Number 143 of 2024, which rescinded a number of prior administrative orders issued during 2020 and 2021 to...