PROCEDURE-COURT

Eviction Proceeding Dismissed Because Later Court Action Reaffirmed Tenancy

October 26, 2023    

Landlord sued to evict tenant for creating a nuisance. The court granted tenant's request to dismiss the case. After sending tenant a termination notice in March 2018 and filing the eviction case papers, landlord...

Landlord Didn't Send Copy of Notice to Cure to NYCHA

September 24, 2023    

Landlord sued to evict NYCHA Section 8 tenant for breach of tenant's lease by unauthorized installation of a washing machine. Tenant asked the court to dismiss the case based on defective preliminary notices. The...

Rent Demand Didn't Include Monthly Individual Breakdowns

August 29, 2023    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed a total of $9,283 based on monthly rent of $1,747. Tenant asked the court to dismiss the case, claiming that the rent demand was...

Eviction Proceeding Based on Lease Violation Can't Be Based on Expired Lease

August 29, 2023    

Landlord sued to evict tenant for violating his lease based on complaints from other residents about tenant's behavior. Tenant failed to appear in court, and the court then held an inquest. The court ruled...

Landlord Can't Recover Use and Occupancy for Period Stemming from Discovery Delays

August 29, 2023    

Landlord sued to evict month-to-month tenant and apartment occupants after serving a 90-day termination notice. The respondents raised a number of defenses, and the court granted permission to conduct pretrial...

Termination Notice Didn't State That Landlord Had Accepted ERAP Funds

August 29, 2023    

Landlord sued to evict unregulated tenant after serving a 90-day termination notice. Tenant asked the court to dismiss the case because the termination notice was fatally defective. The 90-day notice made no mention...

Court Denies ERAP Stay for Apartment Squatter

July 26, 2023    

Landlord sued to evict an apartment occupant after the tenant died, claiming the occupant was either a licensee or a squatter. The occupant filed an ERAP application, and the court stayed the case. Landlord then...

Court Gives Tenant More Time to Seek Pre-Trial Questioning After ERAP Appeal Denied

July 26, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant showed that she had filed an appeal of OTDA's denial of her application to the Emergency Rental Assistance Program (ERAP). This stayed the eviction...

Landlord's Predicate Notices Didn't Support Claim

June 28, 2023    

Landlord sued to evict rent-stabilized tenant and apartment occupants based on tenant's failure to cure a breach of her lease agreement and Affordable Housing Program regulations by allowing unauthorized...

Nonpayment Proceeding Dismissed Due to Defective Rent Demand

June 28, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that the predicate rent demand was defective. The court ruled for tenant. The rent demand indicated a lump...

Landlord's Reliance on Termination Notice in Second Eviction Case Was Valid

June 28, 2023    

Landlord sued to evict tenant after serving a 90-day termination notice advising tenant this his lease wouldn't be renewed. Tenant asked the court to dismiss the case, claiming that the termination notice was...

Landlord's Case to Eject Tenant Transferred to Housing Court as Eviction Proceeding

June 27, 2023    

Landlord of a two-family house sued to eject occupant for failing to pay rent/use and occupancy and for creating a nuisance by accumulating garbage, which landlord claimed attracted vermin and insects to infest the...