RENT

Landlord Can't Evict Tenant Who Got Rent Subsidy Reinstated

June 24, 2019    

Landlord sued to evict rent-stabilized tenant for breaching her lease by failing to maintain her Section 8 benefits. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant had...

Tenant Must Pay Post-Petition Use and Occupancy While Eviction Case Pending

June 24, 2019    

Landlord sued to evict tenant for nonpayment of rent. While the case was pending, landlord requested payment of use and occupancy under Real Property Actions and Proceedings Law Section 745(2). The court ruled for...

Tenant Gets 15 Percent Rent Abatement for Period Without Gas

June 24, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant in turn sought a rent abatement for lack of gas in his apartment. Con Ed had shut off gas for the entire building in December 2017. The gas was restored to...

Rent Abatement of 85 Percent Reduced Substantially by Appeals Court

June 17, 2019    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord in part but gave tenant an 85 percent rent abatement for the 19-month period in dispute. Landlord appealed and won, in part....

Landlord Can't Collect Unpaid Rent from Tenants

June 17, 2019    

Landlord sued to evict 19 tenants for nonpayment of rent. The trial court dismissed the cases because the building lacked a valid Certificate of Occupancy (C of O) and therefore tenants had a valid defense that no...

Landlord's Notices Didn't Comply with HUD Procedures

May 24, 2019    

Landlord sued to evict HUD-regulated tenant for nonpayment of rent, seeking arrears of over $9,200. Tenant claimed that landlord's petition was defective because landlord terminated tenant's rent subsidy...

NYCHA Tenant's Son Used Apartment for Drug Sales

April 23, 2019    

Section 8 tenant filed an Article 78 appeal of landlord NYCHA's decision to terminate her Section 8 subsidy. NYCHA terminated tenant's subsidy because her son used the apartment as part of his illegal drug...

Co-op Shareholder Tenant Owes $115,300 in Maintenance Arrears

March 19, 2019    

Landlord sued to evict cooperative shareholder tenant for nonpayment of rent. The court ruled for landlord based on tenant's default but later reopened the case at tenant's request. The court also denied...

Late Fee Applied to Tenant's Rent Was Excessive

March 16, 2019    

Landlord sued to evict unregulated tenant for nonpayment of rent. Although tenant otherwise paid rent, what landlord claimed due were late fees for a number of months and an increase in tenant's rent after tenant...

Landlord Improperly Sought Higher Rent While Rent Reduction Order in Effect

February 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord and dismissed the case. There was a DHCR rent reduction order in effect that froze tenant's legal rent at $278 per month. The...

Landlord's Rent Demand Was Fatally Defective

February 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand didn't provide a good faith estimate of the rent actually owed. The court agreed and dismissed the case....

Late Fee Was Excessive

February 26, 2019    

Landlord cooperative corporation sued to evict shareholder tenant for nonpayment of maintenance fees. Landlord also included a claim for $150 per month late fees for nonpayment. The court ruled for landlord in part....