RENT

No Willful Default by Tenant Who Settled Chronic Nonpayment Case

September 24, 2017    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court later denied tenant's request to stay execution of the eviction warrant based on...

Landlord Can Enforce Money Judgment Against Tenant After Selling Building

August 28, 2017    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which gave landlord a possessory and monetary judgment. Tenant later asked the court to vacate the...

Housing Court Can Decide Tenant's Legal Regulated Rent

July 24, 2017    

In July 2015, landlord asked the DHCR for a ruling as to the legal regulated rent of tenant's apartment. Tenant had moved into the apartment in August 2006. Prior landlord had received J-51 benefits for the...

Landlord Can't Amend Rent Registration

June 27, 2017    

Landlord asked the DHCR for permission to amend the 2012 annual registration filed for tenant's apartment. Landlord had registered the rent as $882.71 for tenant "Thomas Marcello" under lease starting...

Rent Abatement Started When HPD Inspection Report Confirmed Conditions

June 27, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant in part, giving him some rent abatement. Tenant appealed and lost. Tenant...

NYCHA Can't Deny Tenant Subsidy Without Confirming Her Immigrant Status

June 27, 2017    

Landlord NYCHA sued to evict tenant for nonpayment of rent. Tenant claimed that her rent was calculated incorrectly and asked the court to dismiss the case. The court ruled for tenant. NYCHA was required by law to...

Landlord of Section 8 Housing Didn't Complete Recertification Before Raising Rent

May 30, 2017    

Landlord of HUD Section 8 housing sued to evict tenant for nonpayment of rent. Landlord claimed that rent increases resulted after tenant failed to complete the annual recertification process required by HUD. Tenant...

Landlord Who Can't Prove Rental Agreement Can't Sue for Nonpayment of Rent

May 25, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that there was no rental agreement for the amount landlord claimed was due. Landlord, in turn, asked for...

Settlement Agreement in Nonpayment Proceeding Vacated

April 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay the back rent owed. Shortly before the payment deadline,...

Landlord Co-op Can Evict Deceased Tenant Shareholder's Daughter

February 13, 2017    

Landlord cooperative corporation sued to evict shareholder tenant’s daughter and grandson for nonpayment after tenant died. The court ruled for landlord. Occupants appealed and won, in part. Landlord had...

Landlord Didn't Prove Whether It Collected Rent from New Tenant

January 23, 2017    

Landlord sued tenant for breach of her lease. The court ruled for landlord after tenant moved out, and awarded it $9,224 plus attorney's fees and interest. The court included an offset provision to reduce the...

Landlord Can't Collect Additional Rent from Tenant After Tenant Moved Out

January 23, 2017    

Former tenant sued landlord in small claims court, seeking recovery of her security deposit. Landlord counterclaimed for rent due under the lease after landlord terminated the lease and before a new tenant moved in....

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