NEW YORK LAW JOURNAL

Landlord Let Unauthorized Visitor Up to Tenants' Apartment

September 27, 2022    

Tenants sued landlord for negligence after one of them was attacked by a visitor whom tenants had asked landlord not to admit into the building because he had threatened them. The night before the incident, a...

Holdover Petition Was Served Before Court Assigned Initial Return Date

September 27, 2022    

Landlord sued to evict tenant after tenant's lease expired. Landlord asked the court to vacate a stay of the holdover proceeding resulting from tenant's filing of an ERAP application. In response, tenant...

Landlord Gets Stay of Overcharge Findings Pending Appeal of Tenants' Class Action

September 27, 2022    

Tenants sued landlord in a class action, claiming rent overcharges resulting from an alleged scheme to charge market-rate rents for apartments while collecting J-51 tax benefits. Landlord denied tenants' claims...

Prospective Shareholder-Tenant Sues Landlord for Housing Discrimination

September 27, 2022    

A prospective tenant sued landlord housing cooperative for housing discrimination. The plaintiff was a Black woman with a disabled son, whose housing application was denied. She alleged that landord had a pattern and...

Licensee Holdover Proceeding Dismissed for Not Naming Shareholder-Tenant as Party

September 27, 2022    

Landlord brought a licensee holdover proceeding to evict the daughter of a shareholder-tenant in a limited income housing cooperative. Landlord asked the court for a ruling without trial because HPD had ruled that...

Eviction Proceeding Dismissed Due to Insufficient Termination Notice

September 27, 2022    

Landlord sued to evict tenant in 2020 based on failure to remove illegally erected apartment partitions and illegal subletting. Landlord had issued a notice to cure and termination notice in late 2019. Tenant asked...

Eviction Proceeding Dismissed Where Proof of Service Not Timely Filed

September 27, 2022    

Landlord sued to evict tenant and served its notice of petition and petition in compliance with RPAPL Section 735. Three days later, landlord filed proof of service of the petition. This was nine days before the...

Court Denied Landlord's Request to Vacate ERAP Stay

September 27, 2022    

Landlord sued to evict an ETPA/Section 8 tenant for nonpayment of rent. Landlord claimed that tenant owed over $10,000. Tenant filed an ERAP application, which stayed the proceeding. Landlord asked the court to...

Landlord Not Responsible for Injuries to Passerby by Tenant's Dog

August 25, 2022    

An 88-year-old man who was walking outside of landlord's building sued landlord after he fell over and was injured as a result of a tenant’s dog running out of the building and jumping on him. The man...

Tenant Who Didn't Currently Occupy Apartment Entitled to ERAP Stay

August 23, 2022    

Landlord sued to evict tenant and her mother. At trial, tenant notified the court that she had a pending ERAP application, which automatically stayed the proceeding. Landlord asked for a hearing to vacate the stay...

Tenant Showed No Grounds for Preliminary Injunction Against Landlord

August 23, 2022    

Tenant sued landlord in federal court, claiming violations of the Fair Housing Act and Americans with Disabilities Act (ADA). Tenant used a wheelchair, and said landlord was about to start an eviction proceeding...

Tenant Breached Lease by Refusing Landlord Access to Asbestos-Filled Containers

August 23, 2022    

Landlord sued to evict tenant of a single-family rental for material breach of tenant's lease. Tenant uncovered large trailers and shipping containers filled with bags labeled "asbestos" while doing...