PROCEDURE-COURT

Court Refuses to Vacate ERAP Stay During Pending Holdover Proceeding

November 23, 2022    

Landlord sued to evict tenant's unregulated tenancy. The proceeding was stayed when tenant applied for assistance under the Emergency Rental Assistance Program (ERAP). Landlord then asked the court to vacate the...

Landlord Held in Civil Contempt for Noncompliance with Court Order

November 23, 2022    

Tenants sued landlord, seeking a finding of contempt against landlord for violating a March 25, 2022, court order to make repairs and pay a $212,455 penalty for failure to timely correct the violations. Tenant also...

Nuisance Holdover Dismissed for Failure to Serve Petition Properly

November 23, 2022    

Landlord sued to evict NYCHA Section 8 tenant for creating a nuisance. Tenant asked the court to dismiss the case for failure to state a cause of action. Tenant said that landlord didn't properly serve NYCHA with...

Landlord Didn't Show Due Diligence in Serving Holdover Petition

October 25, 2022    

Landlord sued to evict tenant in October 2021 while the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) was in effect. Tenant initially filed a Hardship Declaration and, when CEEFPA expired, filed...

Acceptance of ERAP Funds Didn't Prevent Eviction of Tenant

October 25, 2022    

Landlord sued to evict tenant for breaching her lease by selling and distributing a controlled substance from the apartment. The Bronx County DA's Office had notified landlord of its belief that tenant was using...

Federal Court Dismisses Constitutional Objections to NY Court Administration of CEEFPA

October 25, 2022    

The Apartment Owners Advisory Council (AOAC), a Westchester County property owners organization, along with the Cooperative and Condominium Advisory Council (CCAC) and some named Westchester County building owners,...

Court Refuses to Lift ERAP Stay in Case Involving Terminated Unregulated Tenancy

October 25, 2022    

Landlord of four-family house sued to evict tenant in February 2020, after terminating the unregulated tenancy. The case was delayed by the eviction moratorium until January 2022, when it expired. Tenant then...

ERAP Stay Remains in Place Despite Tenant's Behavior

October 25, 2022    

Landlord sued to evict month-to-month tenant in March 2020. In May 2021 landlord requested an inquest based on tenant's failure to appear in court. Tenant then filed a Hardship Declaration and the case was...

Landlord Didn't Attach Certain Notices to Its Eviction Petition

October 25, 2022    

Landlord, a supportive housing provider, sued to evict subtenant for breach of their occupancy agreement. Landlord attached the Notice of Termination to its petition, stating that subtenant failed to comply with...

Tenant Must Pay Outstanding Use and Occupancy While Overcharge Claim Pending

September 28, 2022    

Tenant sued landlord claiming that his basement apartment was subject to rent stabilization and that he had been overcharged. Landlord denied tenant's claims and asked the court to order tenant to payment monthly...

Court Lifts ERAP Stay in Case Involving Licensee Who Paid Rent to Tenant

September 28, 2022    

Landlord sued to evict apartment occupant, claiming that he was either a squatter or licensee. The occupant filed an ERAP application that automatically stayed the proceeding. Landlord asked the court to vacate the...

Landlord Can't Vacate ERAP Stay Just Because Program Funds Had Been Exhausted

September 28, 2022    

Landlord sued to evict Yonkers tenant for nonpayment of rent. The proceeding was stayed because tenant filed an ERAP application for rent relief. Landlord asked the court to vacate the ERAP stay because the...