NEW YORK LAW JOURNAL

Tenant Didn't Save Text Message Complaints About Apartment

November 27, 2023    

Tenant was a Belgium entity that leased a condominium apartment for occupancy by its sole shareholder and family. The lease term was March 16, 2018, to March 15, 2019. The first six months of rent at $25,000 per...

Landlord Can't Evict Yonkers Tenant in Building Containing Unlawful Apartment

November 27, 2023    

Landlord sued to evict Westchester County tenant for nonpayment of rent. Tenant asked the court to dismiss the case without trial. The court ruled for tenant and found that the eviction would violate Multiple...

Landlord Violated Tenant COVID-Era Protections

November 27, 2023    

Landlord sued to evict tenant after serving a 90-day termination notice. Tenant had no lease, and the apartment was located in a two-family dwelling. The termination notice stated that the apartment wasn't legal...

Landlord Waited Too Long to Seek Rent in Eviction Proceeding

November 27, 2023    

Landlord sued to evict tenant in 2021 for nonpayment of rent. Tenant asked the court to dismiss the case based on laches. Tenant also claimed lack of notice from landlord before starting the court case. The court...

Eviction Petition Dismissed Because Rent-Stabilized Apartment Wasn't Registered

November 27, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court petition alleged that the premises had been duly registered with the DHCR and that the rent charged didn't exceed the registered...

Rent Demand Didn't Specify Monthly Sums Due

November 27, 2023    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $21,618 in back rent. Tenant asked the court to dismiss the case because the rent demand was defective. The court ruled for tenant....

Court Vacates Stipulation Between Parties to Lift ERAP Stay

November 27, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant filed an application for ERAP rent assistance, and the court stayed the proceeding. Landlord then made a motion to vacate the ERAP stay. When landlord and...

Service of Nonpayment Petition Didn't Comply with CEEFPA

November 27, 2023    

Landlord sued to evict unregulated co-op apartment tenant for nonpayment of rent. The case was stayed while tenant's application for ERAP rental assistance was pending. Tenant then asked the court to dismiss the...

Renewal Lease Offered to Month-to-Month Tenant Vitiated Termination Notice

November 26, 2023    

Landlord sued to evict month-to-month tenant after serving a 90-day termination notice. Tenant asked the court to dismiss the case because landlord offered him a renewal lease following service of the nine-day notice...

Holdover Petition Against Section 8 Tenant Dismissed for Improper Service on NYCHA

November 25, 2023    

Landlord sued to evict tenant after serving a 60-day termination notice. Since tenant received a Section 8 rent subsidy through NYCHA, landlord also served copies of the holdover petition on NYCHA. Tenant asked the...

Landlord Can't Get Money Judgment Where Tenant Moved Out While Case Pending

October 26, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant was referred to Legal Services program for representation on the first court date, and the case was adjourned to June 29, 2023. Before the second court...

Nonpayment Proceeding Dismissed Because There Was No Lease

October 26, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because no rental agreement was in place. Tenant's lease had expired. Landlord argued that a third-party occupant...