NY Court Issues Memorandum on Effect of USSC Chrysafis Decision on Eviction Matter Procedures

August 25, 2021    

Following the U.S. Supreme Court's issuance of a stay on Aug. 12, 2021, the State of New York Unified Court System issued a Memorandum on Aug. 17, 2021, concerning Residential Eviction Proceedings Following ...

Court Administrative Order AO/245/21 Updates Residential Eviction Matter Processing

August 25, 2021    

On Aug. 13, 2021, the Chief Administrative Judge of the Courts of the State of New York issued an Administrative Order, AO/245/21, to update procedures in connection with the processing of residential eviction...

Court Administrative Order Now Requires Landlord-Petitioners to Advise of Pending CERAP Applications

August 25, 2021    

On Aug. 13, 2021, the Chief Administrative Judge of the Courts of the State of New York issued Administrative Order AO/244/21 to assist in the implementation of the statewide New York Emergency Rental Assistance...

Housing Court DRP-217 Updates Procedures for Cases with Judgments or Warrants Issued Before March 17, 2020

August 25, 2021    

On Aug. 16, 2021, the NYC Civil Court issued DRP-217, effective Aug. 16, 2021, regarding court management of pre-pandemic eviction proceedings in the NYC Civil Court, Housing Part. Noting that there were still about...

Court Can't Apply HSTPA's "Immediate and Compelling Necessity Standard" Retroactively to Pending Owner Use Case

August 23, 2021    

(Decision submitted by Noah Levenson of the Manhattan law firm of Butnick & Levenson LLP, attorneys for the landlord.)

Landlord's Nonprimary Residence Holdover Dismissed After Tenant Died

April 21, 2021    

(Decision submitted by John Bart of DC 37 Municipal Employees Legal Services, attorneys for occupant.)

Was Landlord Responsible for Attack on Tenant's Guest?

September 28, 2020    

Tenant's guest sued landlord for negligence after he was shot as he left the building by an outside attacker. He claimed that the main entrance building locks were never locked because the locks were broken. The...

Tenant's Daughter and Son-in-Law Can't Get Apartment

June 26, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Apartment occupants, who were tenant's daughter and son-in-law, asked the court for permission to amend their answer to landlord's...

Landlord Can't Prove Building Was Substantially Rehabbed

June 26, 2020    

Landlord asked the DHCR for a ruling that his building was exempt from rent stabilization based on substantial rehabilitation. The DHCR ruled against landlord, who then filed an Article 78 court appeal. Landlord...

Preliminary Injunction Against Smoker Denied

June 24, 2020    

Landlord sued two tenants and asked the court to declare the rights of the parties.  Tenant A complained that Tenant B, on the floor below her, smoked cigarettes in Tenant B's apartment, and that the smoke...

Landlord Sues to Stop Tenant from Smoking in Apartment During COVID Crisis

May 26, 2020    

(Decision submitted by Brian Graifman of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord sued tenant, seeking to protect the...

Rent-Controlled Tenant's Home Care Aide Gets Succession Rights

February 25, 2020    

Landlord sued to evict apartment occupant after rent-controlled tenant died. The occupant claimed succession rights as a nontraditional family member. Occupant had moved into the apartment in 2015 as tenant's...