PROCEDURE-COURT

Eviction Proceeding Was Improperly Dismissed Without Trial

November 25, 2023    

Landlord sued to evict an unregulated tenant who, in turn, claimed improper apartment deregulation and rent overcharge. Tenant also asked the court to dismiss the case and asked for attorney's fees. The court...

Holdover Petition Against Section 8 Tenant Dismissed for Improper Service on NYCHA

November 25, 2023    

Landlord sued to evict tenant after serving a 60-day termination notice. Since tenant received a Section 8 rent subsidy through NYCHA, landlord also served copies of the holdover petition on NYCHA. Tenant asked the...

DHCR Can Withhold Certain Records from Landlord Under Law Enforcement Exception

November 25, 2023    

The DHCR's Tenant Protection Unit (TPU) sued landlord LLC entities of 38 buildings containing more than 2,500 rent-stabilized apartments, along with individuals who were connected with the landlord entities. The...

Landlord's Request for Use and Occupancy Pendente Lite Was Premature

October 26, 2023    

Landlord sued to evict apartment occupant, who was tenant's grandson, after rent-stabilized tenant died and his lease had expired. The first court date was June 22, 2023, and the case was adjourned by the court...

Eviction Proceeding Commenced After ERAP Application Filed Must Be Dismissed

October 26, 2023    

Landlord sued to evict the month-to-month tenant of an unregulated apartment in a two-family house after sending a 90-day termination notice. Landlord claimed that tenant owed rent and/or use and occupancy totalling...

Landlord Can't Get Money Judgment Where Tenant Moved Out While Case Pending

October 26, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant was referred to Legal Services program for representation on the first court date, and the case was adjourned to June 29, 2023. Before the second court...

Nonpayment Proceeding Dismissed Because There Was No Lease

October 26, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because no rental agreement was in place. Tenant's lease had expired. Landlord argued that a third-party occupant...

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...