NEW YORK LAW JOURNAL

Nonpayment Proceeding Dismissed Due to Defective Rent Demand

June 26, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant, finding that landlord's predicate rent demand consisted of a rent ledger that...

Five Days Must Be Added to 14-Day Rent Demand to Allow for Service by Nail-and-Mail

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand didn't provide sufficient notice. The court ruled for tenant. The 14-day...

Nonpayment Petition Dismissed Due to Unclear Rent Ledger

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent in the amount of $1,455. Tenant asked the court to dismiss the case, claiming that landlord's rent demand didn't specify the amounts due and included non-...

Trial Needed to Determine if Tenant Was Constructively Evicted Due to Vermin Condition

June 25, 2024    

Landlord sued former tenant, seeking a money judgment for unpaid rent arrears and other expenses. A default judgment was entered after tenant failed to appear in court. Tenant later obtained legal counsel and got the...

Landlord Failed to Comply with CARES Act

May 23, 2024    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. Landlord failed to state a cause of action in its petition and didn't provide necessary...

Tenant's Appeal of OTDA Denial of ERAP Application Must Be Filed in Albany County

May 23, 2024    

Tenant sued for judicial review of several OTDA decisions denying his applications for ETPA rental assistance benefits. OTDA asked the court to dismiss the case as time-barred or, alternatively, to transfer the case...

Eviction Proceeding Dismissed After DHCR Grants Occupant Succession Rights

May 23, 2024    

Landlord sued to evict apartment occupant based on now deceased tenant's failure to renew her rent-stabilized lease. Occupant claimed succession rights and the court stayed the eviction case pending the DHCR'...

Homeless Shelter Resident Can Sue Prospective Landlord for Discrimination

May 23, 2024    

A legal representative sued landlord on behalf of a homeless shelter resident based on lawful source of income discrimination. The shelter resident had received a housing voucher from the city. Landlords asked the...

Co-op Tenant Must Permit Landlord to Repair Leak from His Apartment

April 26, 2024    

Landlord co-operative corporation sued shareholder tenant to obtain access to make repairs. Landlord claimed that there was a leak in a pipe under the floor of and behind the wall of tenant's bedroom. The ceiling...

Commercial Tenant Claims He Was Unlawfully Evicted from Residential Camper

April 26, 2024    

Landlord sued to evict tenants from a commercially zoned unimproved lot that tenants used for commercial purposes. Tenants were evicted in February 2024, then one of them came back to court with an order to show...

Landlord Held in Contempt of Court Order After Failing to Fix Broken Lock

April 26, 2024    

Tenant commenced an HP proceeding against landlord, who was the shareholder/proprietary lessee of the co-op apartment tenant lived in. Tenant sought correction of various building code enforcement violations. In...

Tenant's Air Conditioner Installation Didn't Violate Rent-Stabilized Lease

April 26, 2024    

Landlord sued to evict rent-stabilized tenant for breaching multiple lease provisions by installing and using an air conditioner in the living room window of his apartment instead of  the interior air...