RENT

Landlord Raised Section 8 Rent When Tenant Refused to Downsize

March 24, 2020    

Landlord of privately owned, project-based Section 8 building sued to evict tenant for nonpayment of rent. Landlord had terminated tenant's housing assistance and charged her market-rate rent due to tenant's...

Fee on Late-Paid Rent Likely Unreasonable and Unenforceable

February 12, 2020    

Landlord sued tenant for nonpayment of base rent and additional rent owed under tenant's lease. The court ruled for landlord, finding that tenant defaulted in rent payments. Tenant appealed and won. The late fees...

Court Finds 5 Percent Late Rent Payment Fee Unenforceable

January 29, 2020    

Landlord sued former tenant in small claims court, claiming that tenant owed $2,100 in legal and late fees. Tenant in turn claimed $5,000 in legal fees. The court ruled against landlord and awarded tenant $5,000 for...

Landlord Didn't Send Notice Required Under RPL Section 235-e(d)

December 16, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't send tenant a written notice that rent hadn't been received. This notice was now...

Landlord Can't Sue to Evict Successor Tenant for Nonpayment of Pre-Succession Rent

November 21, 2019    

Landlord of Mitchell-Lama co-op building sued to evict shareholder tenant for nonpayment of maintenance. Tenant claimed that the rent demand was defective because landlord sought rent for months prior to her...

Lease Limited Payable Rent to Prior Tenant's Rent Under SCRIE Program

October 28, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Prior tenant, who was tenant's mother, had SCRIE benefits and paid a reduced monthly rent of $555 under her 2016 and 2018 renewal leases....

Landlord Can Seek Eviction of Month-to-Month Tenant

October 28, 2019    

Landlord sued to evict unregulated tenant from two-family house for nonpayment of rent. Landlord claimed that tenant owed rent totalling $35,680 for the period between January 2018 and May 2019. Tenant asked the...

Landlord Must Renew Preferential Rent Under LINC Rider to Lease

October 23, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant later asked the court to vacate or modify the settlement stipulation. The...

Rent-Stabilized Tenant Still Responsible for Rent If Renewal Lease Not Offered

October 23, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant argued that, because his last renewal lease expired on July 31, 2017, and he had no current renewal lease, he didn't owe rent. The...

SCRIE Benefit Is Deducted from Legal Regulated Rent, Not Preferential Rent

September 25, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $5,106. Tenant asked the court to dismiss the case, claiming that landlord failed to properly credit his Senior Citizen Rent...

Rent Demand Didn't Provide Prior Notice of Rent Surcharge

September 24, 2019    

Landlord sued to evict Mitchell-Lama co-op tenant based on nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord was time-barred from collecting back rent dating to 2012 under the six...

City Didn't Give Section 8 Tenant Pre-Termination Hearing

September 22, 2019    

Tenant sued the City of New Rochelle, which administered tenant's federal Section 8 rent subsidy. The city informed tenant by a May 2018 letter that her Section 8 subsidy was terminated. But then, despite June 8...