RENT

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.

Landlords Claim Property Manager Breached Fiduciary Duty in How Rents Were Set

February 15, 2022    

Landlords of several residential buildings sued their property management company and individual officers affiliated with the management company. Landlords claimed breach of contract, breach of fiduciary duty,...

Court Dismisses Tenant Challenge to Landlord's FDCPA Notice

December 22, 2021    

Landlord sued tenant for $47,500 in rent arrears. Before serving court papers, landlord sent tenant a rent demand signed by landlord's attorney, which included a prominent notice that landlord's attorneys...

DHCR Reasonably Set a First Stabilized Rent for SRO Unit

December 22, 2021    

An SRO tenant became subject to rent stabilization in 2015, when a court granted tenant's illegal lockout petition and found that he qualified as a permanent tenant entitled to rent stabilization protection at...

Landlord Must Refund U&O Tenant Paid While Eviction Case Was Pending

December 14, 2021    

Landlord sued to evict tenant from two apartments landlord claimed were unregulated. During the course of the eviction proceedings, tenant paid rent or use and occupancy (u&o) either into court or directly to...