PROCEDURE-COURT

Holdover Petition Dismissed Based on Insufficient Description of the Subject Apartment

January 30, 2023    

Landlord sued to evict tenant. Both the landlord's predicate notice and the petition referred to the premises as the "1st Flr." apartment although it was undisputed that tenant lived in the unit above...

Court Can't Award Money Judgment for Back Rent Because Tenant Had Moved Out

January 30, 2023    

Landlord sued to evict tenant for nonpayment of rent. At some point while the case was pending, tenant moved out and surrendered possession of the apartment to landlord. Landlord then asked the court for a money...

Tenants in 421-a Building Claiming Rent Concessions Caused Overcharges Can Pursue Class Action

January 29, 2023    

Current and former tenants sued landlord for improper deregulation, seeking rent-stabilized leases and rent overcharge refunds. The building was subject to rent stabilization under the RPTL 421-a tax benefit program...

Eviction Case Dismissed Because Landlord Attempted Service of Court Papers on Tenant's Sabbath Day

December 20, 2022    

Landlord sued to evict tenant after serving a 90-day termination notice. Tenant filed a pre-answer motion to dismiss the case, claiming that he wasn't legally served with the termination notice, he didn't...

ERAP Stay Vacated Because Co-Tenant Was Already Denied ERAP Assistance

December 20, 2022    

Landlord sued to evict tenant for nonpayment of rent. Tenant filed an ERAP application, which automatically stayed the eviction proceeding. Landlord then asked the court to vacate the ERAP stay, pointed out that a co...

Court Vacates ERAP Stay Where Landlord Waived Rent Arrears and Tenant Lived Elsewhere

December 20, 2022    

Landlord sued to evict month-to-month tenant. Tenant answered and applied for ERAP relief, which stayed the holdover proceeding. After waiting nine months without resolution of the ERAP application, landlord asked...

Court Denies Landlord's Request to Vacate ERAP Stay

November 25, 2022    

Landlord sued to evict tenant in Ithaca City Court. Tenant then filed an ERAP application, which automatically stayed the case pending a ruling by the State Office of Temporary and Disability Assistance (OTDA) on...

Landlord Filed Affidavit of Service of Petition Late

November 24, 2022    

Landlord sued to evict tenant after terminating her month-to-month tenancy. Tenant applied for ERAP assistance and the case was stayed automatically pending a decision on the application by the NY Office of Temporary...

Jury Waiver Clause in Tenant's Lease Was Enforceable in Federal Court Action

November 24, 2022    

A co-op shareholder tenant sued landlord co-op corporation in federal court, claiming discrimination in violation of the Fair Housing Act. At some point, landlord asked the court to strike a jury demand made by...

RPAPL Section 226-c Didn't Require Personal Service of Lease Nonrenewal Notice

November 24, 2022    

Landlord sued to evict unregulated tenant after sending a 90-Day Notice of Intent Not to Renew Tenancy. Tenant advised the court that he had filed an ERAP application, which resulted in an automatic stay of the...

Court Won't Vacate ERAP Stay Where Landlord Presents No Proof of Nuisance

November 23, 2022    

Landlord sued to evict Yonkers tenant for violating his lease by permitting more than three people to live in his apartment. Landlord also claimed that tenant had damaged the apartment and that he threatened the...

Federal Court Dismisses Tenant's Case Against Landlord, HPD, and Housing Court Judge

November 23, 2022    

Tenant brought a lawsuit in federal court against his landlord, an HPD representative, another building tenant, an attorney from landlord's office, and the housing court judge who was presiding over a case by...