PROCEDURE-COURT

ERAP Stay Vacated by Court Where Occupant Was Former Super Who Never Paid Rent

July 21, 2022    

Landlord sued to evict its former building superintendent after his employment was terminated in October 2021. The super had lived in one of landlord's apartments since 2017 in connection with his employment....

Court Won't Vacate ERAP Stay Despite OTDA Statement That Section 8 Tenant Can't Get Funds

July 21, 2022    

Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord claimed that tenant owed $28,000 with arrears dating back to late 2018. Landlord asked the court to vacate a stay of the case imposed by tenant...

Provisional Approval of ERAP Application Vacates Stay of Eviction Proceeding

July 21, 2022    

Landlord sued to evict apartment occupants after rent-stabilized tenant died. The occupants claimed succession rights and filed a Hardship Declaration, which stayed the case until Jan. 15, 2022. The case was then off...

Court Administrative Order 158/22 Modifies Procedures in Eviction Proceedings

July 21, 2022    

On June 29, 2022, the New York State Court System issued AO/158/22 to address various procedures for eviction cases. Effective immediately, AO 158/22 supersedes AO/45/21 and AO/34/22.

DRP-223 Amends Procedure for Obtaining Default Judgments in Housing Court

July 21, 2022    

Immediately following issuance of Administrative Order AO 158/22 on June 29, 2022, the NYC Civil Court issued DRP-223 on June 30, 2022, concerning management of motions for default judgments in residential and...

Court Won't Issue Default Judgment Against "J. Doe"

June 27, 2022    

Landlord sued to evict tenant for nonpayment of rent. When tenant and undertenants named in the court caption failed to respond, landlord asked the court for entry of a default judgment, issuance of an eviction...

ERAP Stay Vacated For Owner Who Remained in Premises Post-Foreclosure

June 27, 2022    

A mortgage lender, FNMA, sued to evict occupant, who had owned the property, in a post-foreclosure eviction proceeding. Occupant signed a settlement agreement in 2019 but failed to vacate as agreed. Eviction was...

ERAP Stay Lifted Where Owner of One-Family House Sought Eviction of Guest

June 27, 2022    

The owner of a one-family home sued to evict occupant in October 2021. The occupant filed a Hardship Declaration at that time, then filed for ERAP assistance in February 2022. The court stayed the proceeding based on...

Trial Court Must Reconstruct Portion of Record Found Inaudible by Appeals Court

June 27, 2022    

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that she was a nontraditional family member who had succession rights to the apartment. The trial court ruled for occupant...

Occupant Who Claims Succession Rights Maintains ERAP Stay Until Decided by OTDA

June 27, 2022    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed succession rights as tenant's adopted child, and also filed an ERAP application. Despite landlord's request to...

Court Upholds ERAP Stay Despite Substantial Rent Arrears Predating March 13, 2020

June 27, 2022    

Landlord sued to evict unregulated tenants in a holdover proceeding after tenants' lease expired in 2018. Landlord obtained a money judgment for rent arrears owed as of Jan. 15, 2020, in the amount of $279,000,...

Nonpayment Proceeding Commenced in 2020 Remains Stayed Due to ERAP Filing

June 24, 2022    

Landlord of a two-family house sued to evict tenant in September 2020 for nonpayment of rent. Tenant answered the petition in October 2020, then on Jan. 4, 2022, filed a Hardship Declaration that stayed the...