RENT

Rent-Stabilized Tenant Still Responsible for Rent If Renewal Lease Not Offered

October 23, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant argued that, because his last renewal lease expired on July 31, 2017, and he had no current renewal lease, he didn't owe rent. The...

SCRIE Benefit Is Deducted from Legal Regulated Rent, Not Preferential Rent

September 25, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $5,106. Tenant asked the court to dismiss the case, claiming that landlord failed to properly credit his Senior Citizen Rent...

Rent Demand Didn't Provide Prior Notice of Rent Surcharge

September 24, 2019    

Landlord sued to evict Mitchell-Lama co-op tenant based on nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord was time-barred from collecting back rent dating to 2012 under the six...

City Didn't Give Section 8 Tenant Pre-Termination Hearing

September 22, 2019    

Tenant sued the City of New Rochelle, which administered tenant's federal Section 8 rent subsidy. The city informed tenant by a May 2018 letter that her Section 8 subsidy was terminated. But then, despite June 8...

Did Landlord Wait Too Long to Seek Rent in Eviction Proceeding?

August 27, 2019    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $28,708. Tenant claimed that landlord waited too long to seek payment of rent owed, and that the delay was unreasonable and inexcusable...

Rent Demand Included Excessive Late Fee Claim

August 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand was defective. The rent demand included a claim for a late fee that tenant...

Landlord Didn't Provide Rent Receipts to Tenant

August 26, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed $11,575 at$1,479 per month for the period between July 2018 to January 2019 plus $1,221 for June 2018. Tenant claimed...

Tenant Excused from Apparent Default During Probation Period

August 26, 2019    

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, putting tenant on probation for a year with tenant agreeing to pay monthly rent in certified...

Landlord Can't Get Back Rent from Tenant Who Moved Out Under Surrender Agreement

August 21, 2019    

Landlord sued former rent-stabilized tenant for unpaid rent after tenant moved out of the apartment. The court ruled against landlord, who appealed and lost. Tenant moved out after landlord sued to evict tenant and...

Court to Set Amount of Monthly Use and Occupancy Based on DHCR Determination of Legal Rent

August 12, 2019    

Landlord sued tenants for ejectment and to recover damages for use and occupancy. The court ruled for landlord in part, entering a default judgment against tenants, but denied landlord's request for prospective...

Change in Number of Units Without C of O Means Landlord Can't Collect Rent

July 13, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that no rent was owed under Multiple Dwelling Law (MDL) Section 302. The court ruled for tenant and dismissed the case. Landlord appealed and lost...

Landlord Can't Evict Tenant Who Got Rent Subsidy Reinstated

June 24, 2019    

Landlord sued to evict rent-stabilized tenant for breaching her lease by failing to maintain her Section 8 benefits. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant had...