RENT

Tenant Safe Harbor Act Doesn't Apply to Rent Due Before March 7, 2020

November 22, 2020    

Landlord sued to evict tenant for nonpayment of rent in July 2018. Landlord and tenant signed a settlement agreement that was approved by the court on March 11, 2020. Landlord later asked the court to grant it a...

Landlord Entitled to Back Rent and DOB Fines When Tenant Moved Out

November 17, 2020    

Landlord sued tenant, seeking to recover rent arrears and fines imposed by DOB relating to tenant's unauthorized rental of his apartment for transient use through Airbnb. The court ruled for landlord without...

Preferential Rent Provision Was Revocable Upon 2018 Lease Renewal

November 17, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant objected, claiming that landlord was now charging her more than a preferential rent as it did under her initial lease in 2000. Landlord...

Rent Demand Didn't Set Forth Good Faith Approximation of Rent Arrears

October 28, 2020    

New landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand was defective and asked the court to dismiss the case. The court ruled for tenant. Landlord sought $25 per...

Tenant's Earmarked Rent Payments Covered Period of Claimed Arrears

October 28, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenants asked the court to dismiss the case, claiming that the rent demand failed to give credit for payments made and received by landlord for almost every month...

Landlord Must Pay NYCHA Back $28,000 for Overpaid Rent Subsidy

September 27, 2020    

NYCHA sued landlord condominium unit owner for failing to reimburse $28,000 for overpayment of Section 8 subsidy payments. Landlord had rented his apartment to tenant while NYCHA made monthly Section 8 payments to...

On-Time Preferential Rent Provision in Lease Was Illegal

June 26, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $15,500. Landlord noted that tenant was charged a preferential rent provided that rent was paid on time. Tenant argued that...

Landlord Started Eviction Case in Retaliation for Tenant's Refusal to Pay Added Fees

June 26, 2020    

Landlord sued to evict unregulated tenant, who claimed that landlord's action was retaliatory, in violation of Real Property Law Section 223-b.  The court ruled for tenant. An HRA program paid most of tenant...

Landlord Must Offer HUD Tenant Repayment Plan

May 25, 2020    

Landlord sued to evict HUD housing tenant for nonpayment of rent. Tenant asked the court to dismiss the case for lack of subject matter jurisdiction and failure to state a cause of action. The court found that tenant...

Landlord Can't Collect Rent in Building Without Valid C of O

May 25, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord couldn't collect rent because the building didn't have a proper Certificate of Occupancy (C of O). The court ruled for tenant...

Landlord Sued for Nonpayment of Rent Not Yet Agreed Upon

May 25, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Landlord sought unpaid rent at the monthly rate of $1,174 listed in tenant's 2019 lease. But tenant didn't...

Landlord Can't Seek Rent from Tenant's Successor Without Lease

May 23, 2020    

Landlord sued to evict former Starrett City Mitchell-Lama tenant's son for nonpayment of rent since August 2016, when tenant's last lease expired. The son had claimed successor status after tenant died. The...