PROCEDURE-COURT

Acceptance of ERAP Funds Didn't Reinstate an Expired Tenancy or Create New Tenancy

March 27, 2023    

Landlord sued to evict an unregulated tenant after sending a 90-day nonrenewal/termination notice. Tenant asked the court to dismiss the case because landlord had accepted ERAP funds on tenant's behalf. The court...

Landlord Can't Make Second Request for Summary Judgment in Same Case

March 24, 2023    

Landlord sued to evict unregulated tenant based on termination of her monthly tenancy. In response, tenant claimed that the apartment was improperly deregulated and that she'd been overcharged. Landlord asked the...

Court Refuses to Vacate ERAP Stay Where Tenant Was Subsidized

March 24, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant lived in NYCHA Section 8 housing, so landlord sued tenant only for her portion of the outstanding rent. Tenant advised the court that she...

Landlord Served Holdover Petition Too Far in Advance

March 24, 2023    

Landlord sued to evict apartment occupant after tenant died or had permanently vacated the apartment, claiming that the occupant's license to live in the apartment had expired. Landlord filed its notice of...

Landlord Didn't Properly Serve 90-Day Termination Notice on Tenant

March 24, 2023    

Landlord sued to evict unregulated tenant after serving a 90-day termination notice on Dec. 27, 2021. Tenant asked the court to dismiss the case based on landlord's failure to properly serve the termination...

Tenant Filed Improper Claims Against Landlord in Federal Court

February 23, 2023    

Tenant sued landlord, the ground-floor commercial tenant, and the U.S. Department of Justice (DOJ) in federal court. Tenant claimed that the floor of his second-floor apartment was damaged and his mail stolen when...

Court Won't Consolidate Tenant's Personal Injury Suit Against Landlord with Eviction Case

February 23, 2023    

Tenant sued landlord in June 2020 for breach of the warranty of habitability, breach of the lease, constructive eviction, negligence, and intentional infliction of emotional distress. Tenant sought monetary...

Landlord Improperly Relied on Prior Notice to Start Second Eviction Case

February 23, 2023    

Landlord sued to evict month-to-month tenant. Tenant asked the court to dismiss the case, claiming that landlord improperly served an old predicate notice from a prior proceeding before starting the case, rather than...

No ERAP Stay Applied to Court Action for Money Judgment Only

February 22, 2023    

Landlord sued tenant for breach of tenant's residential lease and sought an inquest to obtain a money judgment for back rent when tenant failed to respond to the summons and complaint served on him. Landlord...

Provisional Approval of Occupant's ERAP Application Dissolved Stay of Eviction Case

February 22, 2023    

Landlord sued to evict tenant for illegally subletting his apartment. The apartment occupant, but not the tenant, appeared in the court proceeding and showed that she had filed an ERAP application for rental...

Landlord's Eviction Case Against Former Super Dismissed

February 22, 2023    

Landlord sued to evict its former building superintendent after the super's employment was terminated. The super asked the court to rule in his favor without a trial. Landlord in turn asked the court to rule in...

Landlord Didn't Disclose It Had Received LRAP Funds to Pay Tenant's Rent

January 30, 2023    

Landlord sued to evict tenant after tenant's lease expired. Attorneys for both sides signed a settlement stipulation in court. In that agreement, tenant agreed to move out at the end of September 2022. Tenant...