RENT

Landlord Can't Collect Rent in Building Without Valid C of O

May 25, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord couldn't collect rent because the building didn't have a proper Certificate of Occupancy (C of O). The court ruled for tenant...

Landlord Sued for Nonpayment of Rent Not Yet Agreed Upon

May 25, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Landlord sought unpaid rent at the monthly rate of $1,174 listed in tenant's 2019 lease. But tenant didn't...

Landlord Can't Seek Rent from Tenant's Successor Without Lease

May 23, 2020    

Landlord sued to evict former Starrett City Mitchell-Lama tenant's son for nonpayment of rent since August 2016, when tenant's last lease expired. The son had claimed successor status after tenant died. The...

Landlord's New Rent Demand Wasn't Barred by Settlement of Prior Case

May 20, 2020    

(Decision submitted by Linda S. Burton of the Lynbrook law firm of Burton & Burton, P.C., who represented the landlord.)

Landlord, a Mitchell-Lama cooperative, sued to evict tenant for nonpayment...

Landlord Raised Section 8 Rent When Tenant Refused to Downsize

March 24, 2020    

Landlord of privately owned, project-based Section 8 building sued to evict tenant for nonpayment of rent. Landlord had terminated tenant's housing assistance and charged her market-rate rent due to tenant's...

Fee on Late-Paid Rent Likely Unreasonable and Unenforceable

February 12, 2020    

Landlord sued tenant for nonpayment of base rent and additional rent owed under tenant's lease. The court ruled for landlord, finding that tenant defaulted in rent payments. Tenant appealed and won. The late fees...

Court Finds 5 Percent Late Rent Payment Fee Unenforceable

January 29, 2020    

Landlord sued former tenant in small claims court, claiming that tenant owed $2,100 in legal and late fees. Tenant in turn claimed $5,000 in legal fees. The court ruled against landlord and awarded tenant $5,000 for...

Landlord Didn't Send Notice Required Under RPL Section 235-e(d)

December 16, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't send tenant a written notice that rent hadn't been received. This notice was now...

Landlord Can't Sue to Evict Successor Tenant for Nonpayment of Pre-Succession Rent

November 21, 2019    

Landlord of Mitchell-Lama co-op building sued to evict shareholder tenant for nonpayment of maintenance. Tenant claimed that the rent demand was defective because landlord sought rent for months prior to her...

Lease Limited Payable Rent to Prior Tenant's Rent Under SCRIE Program

October 28, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Prior tenant, who was tenant's mother, had SCRIE benefits and paid a reduced monthly rent of $555 under her 2016 and 2018 renewal leases....

Landlord Can Seek Eviction of Month-to-Month Tenant

October 28, 2019    

Landlord sued to evict unregulated tenant from two-family house for nonpayment of rent. Landlord claimed that tenant owed rent totalling $35,680 for the period between January 2018 and May 2019. Tenant asked the...

Landlord Must Renew Preferential Rent Under LINC Rider to Lease

October 23, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant later asked the court to vacate or modify the settlement stipulation. The...