NEW YORK LAW JOURNAL

Landlord Fined $10,000 for HPD Heat Violations

October 27, 2021    

HPD sued landlord, sought civil penalties and an order to maintain the building's heating system. HPD inspection had found inadequate heat. Landlord claimed that it had corrected heat violations issued by HPD,...

Tenant Illegally Locked Out Roommate and Must Permit Re-Entry

October 27, 2021    

A roommate sued tenant, claiming that tenant illegally locked him out of the apartment they shared. Tenant claimed that the roommate had just crashed for two weeks on a couch in the living room and had no rights to...

Landlord Questions Tenants' Hardship Declaration in Eviction Proceeding

October 27, 2021    

Landlord sued to evict tenants who received monthly rental assistance payments from HUD under a program requiring them to submit annual income recertifications. Landlord had sent tenants a notice to cure, and later a...

Default Formula Didn't Apply to Rent Overcharge Claim

October 27, 2021    

Tenants sued landlord, claiming improper apartment deregulation and rent overcharge based on a fraudulent scheme to deregulate. They asked the court to set legal rents based on a default formula found in the Rent...

Prior Owner and Occupant Didn't Qualify for CEEFPA Protection

October 27, 2021    

Hanspal, the prior owner of a building, had obtained a mortgage but defaulted on payments. The mortgagee obtained a judgment of foreclosure and sale. The new owner obtained judgments of possession against prior owner...

Tenants Who Didn't File Hardship Declaration Can't Delay Eviction

October 27, 2021    

Landlord sued to evict tenants for nonpayment of rent. The case was adjourned until May 2021 given COVID-19 pandemic closures, but an eviction warrant was then issued due to tenants' default and failure to file a...

Federal Appeals Court Rejects Landlords' Challenge to New NY Eviction Moratorium Law

October 27, 2021    

A group of landlords challenged New York's COVID Emergency Eviction and Foreclosure Prevention Act (CEEFPA) in federal court. The lower court ruled against plaintiff-landlords, who then filed an appeal to the...

Landlord Didn't Register Building or Comply with CEEFPA

September 28, 2021    

Landlord sued building tenants for breach of contract based on rent arrears, as well as property damage. Landlord also sought ejectment of tenants. The court granted tenants' request to dismiss the case. The...

Domestic Partner Gets Rent-Stabilized Tenant's Apartment

September 27, 2021    

Rent-stabilized tenant's domestic partner claimed succession rights to tenant's apartment after tenant died. The DRA ruled for the partner. Landlord appealed and won. The DHCR found that the partner didn'...

Landlord's Chronic Nonpayment Claim Insufficient to Warrant Eviction

September 23, 2021    

Landlord sued to evict tenant for chronic nonpayment of rent, claiming that it had commenced five nonpayment proceedings against tenant during a six-year period. Landlord also claimed that tenant withheld rent and...

Co-op Can Evict Shareholder Tenant for Objectionable Conduct

August 23, 2021    

Landlord cooperative corporation sued to evict shareholder tenant for objectionable conduct. The trial court ruled for landlord. Tenant appealed and lost. Under the business judgment rule, the co-op board acted...

Westchester Court Applies CEEFPA Stay to Protect Occupant Who Wasn't Tenant

August 23, 2021    

Landlord sued to evict tenant in a holdover proceeding, and asked the court for an order directing tenant to post escrow and to pay ongoing use and occupancy. Landlord also asked the court for a judgment of...