NEW YORK LAW JOURNAL

Landlord Must Refund U&O Tenant Paid While Eviction Case Was Pending

December 14, 2021    

Landlord sued to evict tenant from two apartments landlord claimed were unregulated. During the course of the eviction proceedings, tenant paid rent or use and occupancy (u&o) either into court or directly to...

Court Denies Landlord's Request for More Time to Correct Violations

December 14, 2021    

Tenant sued landlord and HPD in housing court, seeking an order to correct violations in her apartment. In August 2020, the trial court ordered landlord and HPD to correct violations by Oct. 5, 2020. Landlord later...

Tenant Gets Attorney's Fees After Landlord Discontinues Eviction Proceeding

December 14, 2021    

Landlord sued to evict tenant for a lease violation based on tenant's failure to install rugs and padding in his apartment, which created noise that disturbed other tenants. Landlord later asked the court's...

Tenant Gets Attorney's Fees After Landlord Withheld Sublet Consent in Bad Faith

December 14, 2021    

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court ruled against landlord, finding that tenant complied with Real Property Law (RPL) Section 226-b(2) by requesting to sublet her apartment...

Process Server Didn't Show Due Diligence Used Before Nail-and-Mail Service

December 14, 2021    

Landlord sued to evict tenant for nonpayment of rent. Landlord sought a default judgment when tenant failed to appear or answer the petition. The court ruled against landlord. Under the COVID-19 Emergency Eviction...

Eviction Petition Dismissed Based on Defects in Notice to Cure

November 17, 2021    

Landlord sued to evict rent-stabilized tenant for lease violations and creating a nuisance. Tenant asked the court to dismiss the case based on procedural failure. Tenant claimed that landlord failed to identify a...

Advocate-Witness Rule Barring Attorney Testimony Didn't Apply to Law Firm Employee

November 17, 2021    

Tenants sued landlord in an HP housing court proceeding, claiming that there were outstanding violations and that landlord had harassed them. Landlord asked the court for an order prohibiting an employee of tenants...

Landlord Forged Marshal's Eviction Notice and Posted It on Tenant's Door

November 17, 2021    

Tenant sued landlord in an HP housing court proceeding, seeking apartment repairs and claiming that landlord harassed her on the telephone and posted a marshal's eviction notice on her apartment door with a copy...

Landlord Challenges Tenant's Hardship Declaration

November 17, 2021    

Landlord of a two-family house sued to evict unregulated tenant with no lease in early 2020 after sending a 30-day termination notice. The parties settled the case in court on Jan. 21, 2020, giving landlord a...

Lower Court Improperly Applied HSTPA Amendments Retroactively

November 17, 2021    

Rent-stabilized tenant sued landlord for rent overcharge. The court ruled for tenant and directed landlord in October 2019 to refund overcharges, with triple damages. Landlord appealed and won in part. In calculating...

Rent-Stabilized Tenant's Son Can't Prove Succession Rights

November 17, 2021    

Landlord sued to evict rent-stabilized tenant's son, who claimed succession rights to the apartment after tenant died. The trial court ruled for landlord. The son appealed and lost. While the absence of...

Tenant's Extended Absence for Hospitalization Excusable

November 17, 2021    

Landlord sued to evict a loft tenant in an interim multiple dwelling (IMD) based on nonprimary residence. The trial court ruled against landlord, who appealed and lost. The appeals court upheld the lower court...