NEW YORK LAW JOURNAL

Default Judgment Against Tenant Should Have Been Vacated Unconditionally

June 24, 2019    

Landlord sued to evict tenant. The court ruled for landlord based on tenant's default. The court later granted tenant's request to vacate the default judgment on condition that tenant pay over $18,000 in rent...

Tenant Must Pay Post-Petition Use and Occupancy While Eviction Case Pending

June 24, 2019    

Landlord sued to evict tenant for nonpayment of rent. While the case was pending, landlord requested payment of use and occupancy under Real Property Actions and Proceedings Law Section 745(2). The court ruled for...

No Proof of Profiteering by Tenant

June 24, 2019    

Landlord sued to evict rent-stabilized tenant for profiteering and commercialization of her apartment through short-term rentals using Airbnb. The court denied landlord's request to decide the case without a...

Landlord's Termination Notice Was Defective

June 24, 2019    

Landlord sued to evict rent-stabilized tenant for altering her apartment without landlord's prior written consent. Landlord claimed that tenant installed a subfloor above the unit's main floor and altered the...

Landlord Vitiated Termination Notice by Accepting Rent Before Starting Eviction Case

June 24, 2019    

Landlord sued to evict tenant based on a lease violation for disturbing neighbors by playing loud music. Tenant asked the court to dismiss the case because landlord accepted rent from tenant after expiration of the...

Neighboring Owners' Challenge to Opening of Homeless Shelter Denied

June 24, 2019    

Neighboring building owners filed an Article 78 court appeal of a decision by NYC's Department of Homeless Services and Human Resources Administration to open a homeless shelter in a building at 158 West 58th...

Tenant Gets 15 Percent Rent Abatement for Period Without Gas

June 24, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant in turn sought a rent abatement for lack of gas in his apartment. Con Ed had shut off gas for the entire building in December 2017. The gas was restored to...

Rent-Stabilized Apartment Incorrectly Identified as Co-op Unit

June 24, 2019    

Landlord sued to evict tenant and claimed that tenant's apartment wasn't rent stabilized because it was a cooperative unit. The court ruled against landlord and dismissed the case. Tenant showed that the...

Tenant's Harassment Claim Against Landlord Dismissed

June 24, 2019    

Tenant sued landlord in housing court for harassment, claiming that landlord violated NYC Admin. Code Section 27-2005(d). Tenant claimed that his next-door neighbor was loud, disturbed him, and failed to carpet his...

Conditions Claimed by Tenant Didn't Breach Warranty of Habitability

June 24, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant in turn sought a rent abatement due to breach of the warranty of habitability. Tenant owed $33,000 in back rent and claimed that there was peeling paint,...

Landlord's Notices Didn't Comply with HUD Procedures

May 24, 2019    

Landlord sued to evict HUD-regulated tenant for nonpayment of rent, seeking arrears of over $9,200. Tenant claimed that landlord's petition was defective because landlord terminated tenant's rent subsidy...

Judgment for Landlord Vacated Where Occupant Showed Mental Illness After Trial

May 24, 2019    

Landlord sued to evict apartment occupant after rent-stabilized tenant was no longer in the unit. The trial court ruled for landlord. A bit later, occupant asked the court to vacate the judgment and reopen the case...