RENT

Court Questions Whether Guaranty in Initial Lease Extended Upon Lease Renewal

July 26, 2023    

Landlord sued to evict tenant in housing court for nonpayment of rent. In that prior proceeding, landlord obtained a judgment for rent owed in the amount of $45,100, and tenant moved out of the unit. Landlord then...

Court Finds No Merit to Tenant's Second ERAP Application

June 27, 2023    

Landlord sued to evict tenant in April 2022 for nonpayment of rent dating back to August 2021 and totalling $8,011. Among other things, tenant claimed that he had applied for ERAP rental assistance benefits. In July...

Tenants Must Pay Monthly Use & Occupancy While Violation Claims Are Pending

June 27, 2023    

Rent-stabilized tenants sued landlord in 2014, claiming that landlord engaged in a pattern of harassment, abuse, and neglect in an attempt to drive tenants from their apartments. In 2015 landlord sued tenants in...

Landlord Can Sue Tenant's Claimed Successor in Summary Nonpayment Proceeding for Rent

April 26, 2023    

Landlord of Mitchell-Lama co-op apartment sued to evict tenant and occupant, claiming that they had agreed to pay $1,463 per month under a rental agreement. The apartment tenant was deceased at the time landlord...

Landlord Can't Seek Back Rent from Section 8 Successor Tenant

March 24, 2023    

Landlord sued to evict Section 8 successor tenant for nonpayment of rent. Tenant was the daughter of the prior tenant. Landlord claimed that new tenant should be responsible for the resident share of the subsidized...

Guarantor Responsible for Rent Unpaid by Tenant Who Never Surrendered Possession

March 24, 2023    

Landlord sued tenant's lease guarantor for rent owed by tenant after tenant defaulted on payment, seeking $1,410,638. Landlord asked for a money judgment without any trial.

Court Partially Vacates ERAP Stay Beyond 15 Months' Outstanding Rent

February 22, 2023    

A Mt. Vernon landlord sued to evict tenant for nonpayment of rent. Tenant lived in HUD project-based Section 8 housing. Tenant filed an ERAP application seeking rental assistance, resulting in an automatic stay of...

Westchester Court Vacates ERAP Stay, Finding Section 8 Tenant Unlikely to Get Funds

February 22, 2023    

Mt. Vernon landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant filed an ERAP application for rental assistance which, by law, stayed the eviction proceeding pending determination of the application...

OTDA Expected to Deny Tenant's Second ERAP Application

February 22, 2023    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed tenant owed back rent of $11,714 through February 2022. Landlord sought a default judgment when tenant failed to answer the petition. Tenant then...

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...