PROCEDURE-COURT

Eviction Proceeding Dismissed Based on Illegal Cellar at Building

December 20, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, seeking $2,600 per month for the months of August 2022 through February 2023. In response, tenant claimed rent overcharge, breach of warranty of...

Eviction Proceeding for Nonpayment Dismissed for Including Non-Rent Fees

December 20, 2023    

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent, claiming that tenant owed $6,863. Tenant asked the court to dismiss the case, pointing out that $546 of claimed arrears were air conditioning and...

Subsequent Order Ending Guardianship for Tenant Didn't Require Vacatur of Prior Stipulation

November 27, 2023    

Landlord sued to evict tenant for nonpayment of rent. After the court granted landlord's request to execute a warrant of eviction in October 2022, tenant appealed and lost. Tenant's Article 81 guardian,...

Landlord's Issuance of Rent Demand During Eviction Proceeding Vitiated Termination Notice

November 27, 2023    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. At trial, the tenant below testified that he heard running, screaming, banging, and ball playing at various times and had trouble sleeping as a...

Court Action for Back Rent Stayed Pending Outcome of Eviction Proceeding

November 27, 2023    

Landlord sued tenant in State Supreme Court based on tenant's breach of lease and nonpayment of rent, seeking a total of $60,650 in back rent. Landlord asked the court for a default judgment against tenant when...

Landlord Didn't File Affidavit of Service of Petition for Two Years

November 27, 2023    

Landlord sued to evict tenant. Tenant then filed an ERAP application for rental assistance, and the case was stayed by law. Landlord asked the court to vacate the ERAP stay. In response, tenant asked the court to...

Landlord Can't Evict Yonkers Tenant in Building Containing Unlawful Apartment

November 27, 2023    

Landlord sued to evict Westchester County tenant for nonpayment of rent. Tenant asked the court to dismiss the case without trial. The court ruled for tenant and found that the eviction would violate Multiple...

Landlord Violated Tenant COVID-Era Protections

November 27, 2023    

Landlord sued to evict tenant after serving a 90-day termination notice. Tenant had no lease, and the apartment was located in a two-family dwelling. The termination notice stated that the apartment wasn't legal...

Eviction Petition Dismissed Because Rent-Stabilized Apartment Wasn't Registered

November 27, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court petition alleged that the premises had been duly registered with the DHCR and that the rent charged didn't exceed the registered...

Rent Demand Didn't Specify Monthly Sums Due

November 27, 2023    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $21,618 in back rent. Tenant asked the court to dismiss the case because the rent demand was defective. The court ruled for tenant....

Court Vacates Stipulation Between Parties to Lift ERAP Stay

November 27, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant filed an application for ERAP rent assistance, and the court stayed the proceeding. Landlord then made a motion to vacate the ERAP stay. When landlord and...

Service of Nonpayment Petition Didn't Comply with CEEFPA

November 27, 2023    

Landlord sued to evict unregulated co-op apartment tenant for nonpayment of rent. The case was stayed while tenant's application for ERAP rental assistance was pending. Tenant then asked the court to dismiss the...