RENT

Tenant's SCRIE Should Be Based on Legal Regulated Rent, Not Preferential Rent

March 26, 2018    

(Decision submitted by David B. Cabrera of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord Couldn't Prove It Sent Section 8 Tenant All Required Notices

February 21, 2018    

Landlord sued to evict Section 8 tenant of HUD-subsidized housing for nonpayment of rent. Landlord claimed that tenant owed over $13,000 for six months' rent because tenant failed to recertify annual income and...

Landlord Didn't Show Any Section 8 Subsidy Fraud by Tenant

February 16, 2018    

Landlord sued to evict rent-stabilized tenant for breach of a substantial obligation of her tenancy. Landlord claimed that tenant failed to maintain her Section 8 subsidy due to fraud. Tenant argued that her subsidy...

Landlord Can't Seek Back Rent from Successor Tenant

February 15, 2018    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. Tenant's father was the prior tenant, who died in September 2016. HPD granted the son's...

Tenant Substantially Complied with Agreement to Pay Rent on Time

February 14, 2018    

Landlord sued to evict rent-stabilized tenant for chronic late payment of rent. Landlord and tenant signed a settlement agreement in court that required tenant to pay rent arrears and to make timely future rent...

Landlord Can't Collect Rent Where Building Had No C of O

January 25, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay $14,000 in back rent, and an eviction warrant was stayed pending payment. Tenant...

Termination of Tenant's Subsidy Is Excessive Penalty

December 17, 2017    

Tenant filed an Article 78 appeal of the decision by New Rochelle's Section 8 Housing Choice Voucher Program to terminate his participation in the federal housing subsidy program. The program terminated tenant...

Landlord Can Evict Tenant for Chronic Nonpayment of Rent

December 17, 2017    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court that put tenant on probation. Tenant then failed to pay rent on time in June 2015 and didn'...

Landlord Can Continue Collecting Cumulative 2.2 Percent Rent Surcharge After 421-a Benefits Expire

November 27, 2017    

(Decision submitted by Lester J. Figueroa of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tenant's Rent Subsidy Terminated Based on Criminal Drug Activity

November 22, 2017    

HPD terminated tenant's Section 8 rent subsidy after finding that a member of tenant's household engaged in drug-related criminal activity from the apartment and that tenant was aware of it. Tenant then filed...

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...

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