NEW YORK LAW JOURNAL

Landlord Didn't Show Tenant's Basement Apartment Was Illegally Occupied

January 22, 2024    

Landlord sued to evict rent-stabilized tenant, claiming that occupancy of the basement/cellar apartment was unlawful. The court granted tenant's request to dismiss the case. Landlord didn't deny that tenant...

Former Owner Illegally Locked Out of Building Where He Lived

December 20, 2023    

Former building owner, who lived in the building, sued mortgage company for illegal lockout. The court ruled for the owner after trial. The owner testified that he'd lived at the building since July 2007 and...

Termination Notice Didn't Sufficiently Explain How Tenant Failed to Cure Conditions

December 20, 2023    

Landlord sued to evict rent-stabilized tenant for breach of lease and creating a nuisance. The court granted tenant's request to dismiss the case. Landlord sent tenant a Notice of Termination dated two days after...

Court Dismisses Nonpayment Proceeding Because C of O Was Invalid

December 20, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant claimed that the building didn't have a valid certificate of occupancy (C of O) and that a temporary C of O...

Landlord's Termination Notice Didn't Properly Track Tenancy Term

December 20, 2023    

Landlord sued to evict tenant after issuing a 90-day termination notice. The termination notice stated that the tenancy ended on the 15th day of the month. But the month-to-month tenancy term ran from the first to...

Rent Demand Was Issued After Tenancy Termination Notice

December 20, 2023    

Landlord sued to evict tenant in 2021, basing the holdover proceeding on a 2020 termination notice that had been used in a prior eviction proceeding that had been dismissed. Landlord asked the court to vacate tenant...

Court Denies Landlord's Request to Restore Case to Calendar

December 20, 2023    

Landlord sued to evict rent-stabilized tenant for violating substantial obligations of her tenancy. The parties settled the case in court in February 2023. The stipulation addressed the lease breach claims, called...

Court Won't Award Use and Occupancy After Judgment of Possession Previously Granted

December 20, 2023    

Landlord sued to evict tenant in a holdover proceeding. Landlord and tenant settled the case during trial. Tenant agreed to move out, and landlord agreed to waive rent owed. When tenant failed to vacate by the agreed...

Eviction Proceeding Dismissed Based on Illegal Cellar at Building

December 20, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, seeking $2,600 per month for the months of August 2022 through February 2023. In response, tenant claimed rent overcharge, breach of warranty of...

Eviction Proceeding for Nonpayment Dismissed for Including Non-Rent Fees

December 20, 2023    

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent, claiming that tenant owed $6,863. Tenant asked the court to dismiss the case, pointing out that $546 of claimed arrears were air conditioning and...

Termination Notice Wasn't Specific Enough

November 27, 2023    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case, claiming that the predicate notice was too vague and didn't comply with the requirements of the...

Landlord Didn't File Affidavit of Service of Petition for Two Years

November 27, 2023    

Landlord sued to evict tenant. Tenant then filed an ERAP application for rental assistance, and the case was stayed by law. Landlord asked the court to vacate the ERAP stay. In response, tenant asked the court to...