NEW YORK LAW JOURNAL

Tenants Must Address Complaints About Certificates of Occupancy to DOB

December 20, 2022    

Tenants sued landlord and its management company, claiming that landlord obtained temporary certificates of occupancy (COs) for an additional floor atop four adjoining buildings in order to avoid complying with the...

Eviction Case Dismissed Because Landlord Attempted Service of Court Papers on Tenant's Sabbath Day

December 20, 2022    

Landlord sued to evict tenant after serving a 90-day termination notice. Tenant filed a pre-answer motion to dismiss the case, claiming that he wasn't legally served with the termination notice, he didn't...

Court Vacates ERAP Stay Where Landlord Waived Rent Arrears and Tenant Lived Elsewhere

December 20, 2022    

Landlord sued to evict month-to-month tenant. Tenant answered and applied for ERAP relief, which stayed the holdover proceeding. After waiting nine months without resolution of the ERAP application, landlord asked...

Licensee of Tenant Who Transferred to Another NYCHA Unit Can't Be Restored to Old Unit

December 20, 2022    

NYCHA tenant's sister claimed that she had lived with tenant for a year before tenant died in 2020. After tenant died, the sister lived with tenant's daughter in the apartment and assisted the daughter with...

Court Refuses to Vacate ERAP Stay During Pending Holdover Proceeding

November 23, 2022    

Landlord sued to evict tenant's unregulated tenancy. The proceeding was stayed when tenant applied for assistance under the Emergency Rental Assistance Program (ERAP). Landlord then asked the court to vacate the...

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...

Tenant's Son Can't Get Mitchell-Lama Co-op Apartment

November 23, 2022    

HPD denied the succession rights claim filed by the son of a Mitchell-Lama co-op tenant who died in 2009. The son then filed an Article 78 court appeal of HPD's decision. The court ruled against him. HPD found...

Landlord Held in Civil Contempt for Noncompliance with Court Order

November 23, 2022    

Tenants sued landlord, seeking a finding of contempt against landlord for violating a March 25, 2022, court order to make repairs and pay a $212,455 penalty for failure to timely correct the violations. Tenant also...

Nuisance Holdover Dismissed for Failure to Serve Petition Properly

November 23, 2022    

Landlord sued to evict NYCHA Section 8 tenant for creating a nuisance. Tenant asked the court to dismiss the case for failure to state a cause of action. Tenant said that landlord didn't properly serve NYCHA with...

Illegal Apartments Were Still Subject to Rent Stabilization

November 23, 2022    

New landlord sued to evict the three remaining tenants in its building. Tenants claimed they were rent stabilized and asked the court to dismiss the case. Landlord argued that tenants couldn't be rent stabilized...

Landlord Claims Tenant Refused Access for Repairs

November 23, 2022    

Landlord sued to evict tenant, claiming that he violated a substantial obligation of his tenancy by refusing to provide access to inspect, make repairs, and correct violations. Landlord sent tenant a Notice to Cure...

Illegal Units in Landlord's Building Are Subject to Rent Stabilization

October 25, 2022    

New landlord sued to evict the last three remaining tenants in its building. Landlord claimed that the apartments couldn't be subject to rent stabilization because they were illegal apartments under NYC Admin....