RENT

Use Violation Barred Rent Collection from Rent-Stabilized Tenant

February 25, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in excess of $14,000. Tenant argued that the case should be dismissed under Multiple Dwelling Law (MDL) Section 202. A DOB inspector testified that...

Landlord Can Evict Tenant Based on Chronic Nonpayment of Rent

February 21, 2019    

Landlord sued to evict rent-stabilized tenant for substantially breaching his lease and/or creating a nuisance by continuously failing to pay his rent on time. Landlord claimed that it had to commence seven...

Housing Court Can't Rule on Landlord's Claim for Additional Rent

January 28, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, and also sought $10,000 as "additional rent" for damage tenant caused to the apartment. Tenant claimed that landlord couldn't seek...

Trial Needed to Determine How Much Back Rent Guarantor Owed

January 28, 2019    

Landlord sued tenant's guarantor for payment of $19,258 in back rent owed by former tenant who was evicted for nonpayment. Landlord asked the court to rule in its favor without a trial. The guarantor claimed that...

Landlord Can't Get Back Rent Owed by Tenant from DSS

January 24, 2019    

The NYC Department of Social Services (DSS) applied to the court for appointment of an Article 81 guardian for tenant, who was facing eviction proceedings. The court issued a temporary restraining order in December...

Court Limits Monthly Use and Occupancy Payment

January 24, 2019    

Landlord sued to evict tenant, and asked the court to order payment by tenant of monthly use and occupancy while the case was pending. Landlord also asked the court to rule in its favor without a trial. The court...

Where Apartment Vacant on Base Date, Next Legal Stabilized Rent Was Charged

December 26, 2018    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant, finding that tenant was rent stabilized and that the lawful monthly rent as of September 2017 was $1,212.

Landlord Waived Right to Collect Higher Rent Increase

December 25, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that New York's highest court had ruled in 2011, in the case of Casado v. Markus, that the Rent Guidelines Board (...

Landlord's Chronic Nonpayment Claim Was Insufficient

December 25, 2018    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it had to start three nonpayment proceedings against tenant and that this indicated tenant's violation of a...

Co-Tenant Who Fled Apartment as Domestic Abuse Victim Not Responsible for Rent Arrears

December 25, 2018    

Landlord sued to evict tenants husband and wife for nonpayment of rent. The husband defaulted by not appearing in court. The wife's mother appeared and told the court that the wife had moved out because the...

Landlord Must Give Tax ID Information to Tenant's Guardian

December 21, 2018    

Landlord sued to evict tenant for nonpayment of rent. The Jewish Association Serving the Aging (JASA), which was tenant's guardian under Mental Hygiene Law Article 81, signed a settlement agreement with landlord...

Landlord's Nonpayment Case Dismissed Due to Inconsistent Leases and Rent Registration

November 27, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that the monthly rent was $1,915 under tenant's lease. But a different lease between landlord, tenant, and another co-tenant...