NEW YORK LAW JOURNAL

Landlord Had No Standing to Challenge Tenant's Right to Legal Services

March 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant obtained legal representation with Manhattan Legal Services through the Universal Access to Counsel program, which provided legal services to income-...

Landlord Can't Maintain Eviction Proceeding for Nonpayment Against Month-to-Month Tenant

March 26, 2024    

Landlord sued to evict unregulated tenant for nonpayment of rent. The court found that a nonpayment proceeding commenced under RPAPL Section 711(2) couldn't be maintained against a month-to-month tenant as...

Tenant Can Add Defense That Landlord's Filing of Affidavit of Service of Petition Was Untimely

March 26, 2024    

Landlord sued to evict tenant. Tenant filed an ERAP application before the first scheduled court date, which resulted in a stay of the proceeding until there was a final ruling on tenant's ERAP application....

Prospective Tenants' Housing Discrimination Claim Based on Familial Status Dismissed

March 26, 2024    

Prospective tenants sued HPD and related landlords in federal court, claiming that landlord discriminated against them in connection with two affordable housing applications, in violation of the Fair Housing Act, the...

Eviction Case Based on Nuisance Dismissed for Deficient Termination Notice

February 26, 2024    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant's attorneys asked the court to dismiss the case, claiming that landlord's termination notice was deficient.  Before the court...

Tenant Gets Full Rent Abatement Based on Apartment's Uninhabitable Condition

February 26, 2024    

Landlord NYCHA sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated in 2020 that tenant would pay $4,929 owed by March 2020. Landlord was granted a final judgment of possession and a money...

Tenant's Rent Payment Applied to Oldest Outstanding Rent Due

February 25, 2024    

Landlord sued to evict tenant for nonpayment of rent based on arrears totalling $3,850 for the period between November 2022 and January 2023. Landlord later asked to amend the petition to include additional rent...

Disabled Section 8 Tenant Had No Claim Against HUD for Housing Discrimination

February 25, 2024    

A disabled, wheelchair-bound tenant living in a HUD-subsidized apartment sued landlord and HUD, claiming failure to maintain his apartment so as to accommodate the vision-impaired tenant and to provide for wheelchair...

Landlord's Court Appeal of Default Judgment by OATH Dismissed as Untimely

February 25, 2024    

DOB issued a violation notice to landlord for failing to maintain its building wall. The NYC Office of Administrative Trials and Hearings (OATH) issued a default judgment against landlord for failing to appear at a...

Landlord Couldn't Raise Claims on Appeal of OATH Rulings

February 23, 2024    

Landlord sought an Article 78 court appeal of a decision by the NYC Office of Administrative Trials and Hearings (OATH). OATH had denied landlord's requests to vacate default judgments and grant new hearings on...

Termination Notice Didn't Set Grounds for Termination Landlord Claimed in Court

January 28, 2024    

Landlord sued to evict tenant after sending a 90-day termination notice. Landlord alleged that the apartment was unregulated because it was a cooperative unit and the lease between the parties had expired. Landlord...

Landlord Can't Prove HPD Violation of Illegal Basement Apartment Was for Tenant's Unit

January 22, 2024    

Landlord sued to evict tenant, claiming that occupancy of the basement apartment was illegal because a prior legal basement apartment had been illegally converted by prior landlord into two units, including tenant...