RENT

Some of Tenant's Rent Arrears Severed from Judgment of Possession under TSHA Program

August 27, 2024    

Landlord sued to evict tenant for nonpayment of rent totaling over $40,000. Tenant and landlord, each represented by attorneys, settled the case. Tenant agreed he owed $49,649, to be paid by Oct. 31, 2023. After that...

Landlord Suing Condo Tenant Can Seek Indemnification from Condo Board

August 27, 2024    

Landlord, the owner of a condominium unit, sued tenant for breach of tenant's lease by failing to pay rent between Aug. 15, 2019, and Dec. 14, 2019, and for refusing to grant access to landlord and the condo'...

Landlord Can't Seek Full Rent After Tenant's Section 8 Subsidy Is Terminated

July 26, 2024    

Landlord sued to evict tenant for nonpayment of rent for periods between October 2019 and January 2024. Landlord claimed that tenant owed $124,746. Tenant claimed that landlord was asking for back rent at an...

Nonpayment Petition Dismissed Due to Unclear Rent Ledger

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent in the amount of $1,455. Tenant asked the court to dismiss the case, claiming that landlord's rent demand didn't specify the amounts due and included non-...

Landlord Can't Collect U&O While Ejectment Case Pending

May 24, 2024    

Prior landlord sued to eject tenant. New landlord later asked the court for permission to substitute into the case as the plaintiff, and also asked the court to direct tenant to pay past, present, and future use and...

Landlord Can Seek Lawful Rent Set Forth in Current Lease Where Last Registered Rent Is Lower

May 24, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that the rent amount demanded was more than the last registered rent. The court ruled against...

Landlord Can't Maintain Eviction Proceeding for Nonpayment Against Month-to-Month Tenant

March 26, 2024    

Landlord sued to evict unregulated tenant for nonpayment of rent. The court found that a nonpayment proceeding commenced under RPAPL Section 711(2) couldn't be maintained against a month-to-month tenant as...

Agreement to Discount Tenant's Rent in Exchange for Porter Services Wasn't a Preferential Rent

March 15, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord sought an incorrect monthly rent because he paid a preferential rent that was less than the unit's legal...

Tenant's Rent Payment Applied to Oldest Outstanding Rent Due

February 25, 2024    

Landlord sued to evict tenant for nonpayment of rent based on arrears totalling $3,850 for the period between November 2022 and January 2023. Landlord later asked to amend the petition to include additional rent...

HSTPA Amendments Supersede Prior Court Settlement Ending Tenant's Preferential Rent in 2020

February 21, 2024    

Landlord asked the DHCR for a ruling on whether his rent-stabilized tenant's preferential rent could be discontinued by landlord when his renewal lease expired in 2020. In a 2014 housing court proceeding,...

DHCR Sets Legal Rent for Apartment Based on Rent Preceding Temporary Exemption

February 21, 2024    

Landlord asked the DHCR in 2016 for a ruling on the legal regulated rent for an apartment. Landlord claimed that the apartment occupant had been the building's janitor until his employment was terminated in...

Landlord Waited Too Long to Seek Rent in Eviction Proceeding

November 27, 2023    

Landlord sued to evict tenant in 2021 for nonpayment of rent. Tenant asked the court to dismiss the case based on laches. Tenant also claimed lack of notice from landlord before starting the court case. The court...