RENT

Landlord Can Seek Back Rent from Rent-Controlled Successor Tenant

November 23, 2022    

In a prior eviction proceeding, the trial court granted succession rights to tenant's granddaughter who had lived for at least two years with rent-controlled tenant before tenant's death in December 2012. In...

Landlord Can't Add Deceased Tenant's Spouse as Party to Nonpayment Case

November 23, 2022    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant died before the trial date, and landlord asked the court to add tenant's surviving spouse as a party to the case, to substitute in...

Landlord Can't Amend Rent Amount Registered

November 22, 2022    

Landlord requested an administrative determination (AD) from the DHCR in 2021, seeking permission to amend its 2018 building registration summary and apartment registration for one apartment. Landlord said that the...

Court Grants $19K Money Judgment to Landlord for Former Tenants' Rent Arrears

October 25, 2022    

Landlord sued to evict tenants for nonpayment for rent arrears covering periods between August 2018 to August 2019. Landlord obtained a judgment of possession and tenants were evicted in 2019. Landlord later sued...

Landlord Couldn't Claim Nonpayment of Rent for Months Earmarked as Paid by ERAP

June 27, 2022    

Landlord sued to evict tenant for nonpayment of rent in February 2022. Landlord later asked the court for a default judgment after tenant failed to answer. The court ruled against landlord and dismissed the case....

Roommate Gets Stay of Tenant's Eviction Proceeding Based on ERAP Application Filing

May 25, 2022    

Tenant sued to evict his roommate in 2022. The roommate filed an ERAP application in February 2022. Tenant asked the court to vacate the ERAP stay since the case was a holdover proceeding, not a nonpayment proceeding...

Court Grants Landlord Partial Exemption from ERAP Stay

May 25, 2022    

Landlord sued to evict month-to-month tenants for nonpayment of rent in 2021. In 2022, tenants applied for ERAP assistance to pay arrears totaling $60,800 through March 2022. Landlord claimed that tenants weren't...

Landlord Can Amend Nonpayment Petition to Seek Alternate Increases Approved in Casado

May 25, 2022    

Landlord sued to evict tenant for nonpayment of rent in 2011. A few months later, based on the decision of NY's highest court in Casado v. Markus, landlord asked the court for permission to...

Landlord Can Seek from Guarantor Rent Arrears Falling Outside Pandemic Protection Period

May 25, 2022    

Landlord sued lease guarantor for a commercial tenant's rent arrears. The court ruled against landlord and dismissed the case. Landlord appealed, and the case was reopened. The unpaid rent sought by landlord...

Court Denies Tenant's Claim of Invalid C of O in Nonpayment Case

May 25, 2022    

Landlord sued tenant, seeking payment of rent arrears. The court ruled for landlord, and tenant appealed. Tenant claimed that the building didn't have a valid Certificate of Occupancy (C of O), so landlord couldn...

Landlord Can Seek Additional Rent Arrears After ERAP Pays Partial Amount

April 26, 2022    
Landlord commenced an eviction proceeding in September 2020, which was stayed first by the eviction moratorium, and then as a result of tenant's ERAP application filed in June 2021. In February 2022, landlord...

Succession Claimant Excused from Failing to Make Timely Court-Ordered Rent Payment

April 25, 2022    

Landlord sued to evict rent-controlled tenant's son after tenant died. The court granted landlord's request to strike the son's answer and granted landlord a final judgment of possession.