PROCEDURE-COURT

Court Mistakenly Gave Landlord Judgment of Possession

December 19, 2019    

Landlord sued to evict Yonkers tenant for illegal subletting. The court ruled for landlord based on tenant's failure to make a court-ordered rent deposit. Tenant appealed, and the case was reopened. It was an...

Landlord Sanctioned for Ordering Notice of Eviction from Marshal

December 16, 2019    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in November 2018. Tenant agreed to pay back rent plus current rent by Dec. 31, 2018. In April 2019, a warrant of...

HSTPA Choice of Forum Provision Doesn't Bar Court from Transferring Case to DHCR

December 16, 2019    

Rent-stabilized tenant sued landlord for rent overcharge. The court ruled in June 2019 that the DHCR was in a better position to determine and calculate the amount of overcharge damage and that the case should...

Tenant Gets Default Judgment Vacated

November 21, 2019    

Landlord sued to evict tenant for chronic nonpayment of rent, claiming that the apartment was unregulated. The court ruled for landlord based on tenant's failure to appear in court. The court later denied tenant...

NYCHA Must Perform Reasonable Inquiry to Avoid Overlapping Cases

November 21, 2019    

Landlord NYCHA sued tenants in various buildings for nonpayment of rent. The court held a hearing to address the issue of overlapping rents sought in multiple proceedings involving different tenants. The petitions...

Landlord Improperly Claimed Tenant Was a Licensee

November 21, 2019    

Landlord sued to evict apartment occupant, after sending him a 10-day notice to quit. Landlord claimed that the occupant was a licensee, not a tenant. Occupant pointed out various indicators that he was a tenant. The...

Landlord's Court Papers Didn't Explain Why Tenant Was Unregulated

November 21, 2019    

Landlord sued to evict unregulated tenant after tenant's lease expired. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord's court papers contained fundamental...

Landlord Incorrectly Claimed Apartment Was Unregulated

October 28, 2019    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant was unregulated. But tenant showed that she was rent stabilized, and the case was dismissed based on landlord's failure to...

Tenant's Basement Apartment Violated C of O

October 25, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that his basement apartment occupancy violated the building's Certificate of Occupancy. The court ruled...

Article 78 Petition of HPD Decision After Evidentiary Hearing Must Be Decided by Appeals Court

October 23, 2019    

Landlord of Mitchell-Lama building sent tenant a notice to cure, claiming that tenant didn't primarily reside in his apartment. Landlord then sought a certificate of eviction from HPD. Tenant appeared at HPD'...

Tenants Can Reopen Overcharge Claim Based on HSTPA Choice of Forum Provision

October 23, 2019    

Tenants sued landlord for rent overcharge. In September 2018, the court granted landlord's request to dismiss the complaint because the DHCR had concurrent jurisdiction and the court found that "the issues...

Court Denies Landlord's Request for Rent While Eviction Case Pending

October 23, 2019    

Landlord sued to evict unregulated tenant and her adult son after sending a 30-day termination notice. After a number of adjournments, landlord asked the court to make tenant pay a rent deposit and/or use and...