Landlord Can't Base Use & Occupancy for Former Super's Unit on Commercial Rent Estimates

September 25, 2023    

Landlord sued its former building superintendent for use and occupancy for nine months that the super remained in his apartment at the building following termination of his employment. Landlord claimed that the...

"Rent" Payable by OTDA under ERAP Includes Mitchell-Lama Co-op Maintenance Fees

September 25, 2023    

In 2022, the NY State Office of Temporary and Disability Assistance (OTDA) found tenant ineligible for funds awarded from the ERAP program and sought the return of $20,285 it claimed were disbursed on tenant's...

ERAP Stay Vacated Because Occupant Wasn't Required to Pay Rent

September 25, 2023    

Landlord sued to evict apartment licensee in January 2020. After the first court date, the case was delayed initially due to the COVID public health emergency and a GAL was appointed for the licensee in October 2020...

Court Incorrectly Entered Judgment for Remaining Rent Arrears After Vacating ERAP Stay

September 25, 2023    

Landlord sued to evict a Suffolk County tenant for nonpayment of rent. Tenant's filing of an ERAP rental assistance application resulted in a stay of the proceeding, but the court vacated the ERAP stay in 2022 (...

Rent Demand Didn't Reflect DHCR Rent Reduction Order

September 24, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, seeking $4,883 for the months of May-July 2022. The proceeding was delayed extensively following tenant's filing of a COVID Hardship...

Court Questions Whether Guaranty in Initial Lease Extended Upon Lease Renewal

July 26, 2023    

Landlord sued to evict tenant in housing court for nonpayment of rent. In that prior proceeding, landlord obtained a judgment for rent owed in the amount of $45,100, and tenant moved out of the unit. Landlord then...

Court Finds No Merit to Tenant's Second ERAP Application

June 27, 2023    

Landlord sued to evict tenant in April 2022 for nonpayment of rent dating back to August 2021 and totalling $8,011. Among other things, tenant claimed that he had applied for ERAP rental assistance benefits. In July...

Tenants Must Pay Monthly Use & Occupancy While Violation Claims Are Pending

June 27, 2023    

Rent-stabilized tenants sued landlord in 2014, claiming that landlord engaged in a pattern of harassment, abuse, and neglect in an attempt to drive tenants from their apartments. In 2015 landlord sued tenants in...

Landlord Can Sue Tenant's Claimed Successor in Summary Nonpayment Proceeding for Rent

April 26, 2023    

Landlord of Mitchell-Lama co-op apartment sued to evict tenant and occupant, claiming that they had agreed to pay $1,463 per month under a rental agreement. The apartment tenant was deceased at the time landlord...

Landlord Can't Seek Back Rent from Section 8 Successor Tenant

March 24, 2023    

Landlord sued to evict Section 8 successor tenant for nonpayment of rent. Tenant was the daughter of the prior tenant. Landlord claimed that new tenant should be responsible for the resident share of the subsidized...

Guarantor Responsible for Rent Unpaid by Tenant Who Never Surrendered Possession

March 24, 2023    

Landlord sued tenant's lease guarantor for rent owed by tenant after tenant defaulted on payment, seeking $1,410,638. Landlord asked for a money judgment without any trial.

Court Partially Vacates ERAP Stay Beyond 15 Months' Outstanding Rent

February 22, 2023    

A Mt. Vernon landlord sued to evict tenant for nonpayment of rent. Tenant lived in HUD project-based Section 8 housing. Tenant filed an ERAP application seeking rental assistance, resulting in an automatic stay of...