Court Watch

More Eviction Cases Restarting While Tenants Await ERAP Determinations

August 18, 2022    

New York’s Emergency Rental Assistance Program states that pending applications to the primarily federally funded program pause all eviction proceedings, as long as the tenant is not found to be causing a persistent nuisance. New York is among several states to pause cases at least...

Chief Judge Lifts Suspension of Eviction Cases

October 26, 2020    

On Oct. 9, New York State Chief Administrative Judge Lawrence K. Marks issued a memorandum revising the procedure for addressing residential eviction proceedings. “All residential eviction matters—nonpayment and holdover, without regard to the date of commencement—may resume...

New Filing Rules Aim to Manage Expected Deluge of Eviction Cases

June 26, 2020    

On June 18, New York State Chief Administrative Judge Lawrence Marks issued a memo and two administrative orders regarding residential and commercial eviction proceedings. According to the memo, the court is concerned about the public health consequences from a “sudden high-volume influx...

Airbnb and City Settle Lawsuit Over Host Disclosure Rules

June 26, 2020    

On June 12, 2020, Mayor Bill de Blasio and Airbnb announced a settlement of their years-long lawsuit regarding Local Law 146 of 2018.

Chief Administrative Judge Announces Statewide Eviction Ban

March 19, 2020    

Due to the coronavirus, New York State has suspended eviction proceedings indefinitely. A memo issued by New York’s Chief Administrative Judge Lawrence Malks effectively suspended eviction proceedings and pending eviction orders until further notice.

Important 'Four-Year Rule' Decision for Owners in Rent Overcharge Dispute

September 20, 2018    

In August 2018, the Appellate Division for the First Department ruled that, in the absence of fraud, there is a strict four-year lookback limit to calculate damages in rent overcharge cases where an apartment was incorrectly deregulated during the owner’s receipt of J-51 benefits. “...

NY High Court Rules in Favor of Owners in High-Rent Vacancy Deregulation Case

May 22, 2018    

On April 26, the New York State Court of Appeals handed down a landmark ruling in favor of rent-stabilized building owners by preventing them from having to re-regulate as many as 150,000 market-rate apartments. The Court unanimously reversed a 2015 decision of the Appellate Division, First...

Tenant Evicted with No Chance to Cure After Profiteering with Airbnb

March 20, 2015    

Back in December, an Upper West Side woman accused of earning thousands of dollars by renting her rent-controlled duplex on Airbnb was ordered to stop by a Manhattan judge. And in January of this year, apartment-sharing websites including Airbnb were taken to task by City Council members who...

Court: Rent-Stabilized Apartments Can't Be Seized as Assets in Bankruptcy

December 18, 2014    

In November, in a 5-2 vote, New York State’s highest court ruled that a lease for a rent-regulated apartment is a public benefit, just like disability or unemployment benefits, and cannot be seized as an asset in a personal bankruptcy.

Court Refuses to Dismiss Case Challenging TPU, RSC Amendments

November 12, 2014    

A lawsuit by owner organizations Rent Stabilization Association (RSA), Community Housing Improvement Program (CHIP), and the Small Property Owners of New York (SPONY), as well as individual property owners, was filed early this year in Brooklyn State Supreme Court to challenge the January 2014...

No Luxury Deregulation of Rent-Controlled Units After J-51 Expiration

November 12, 2014    

The Appellate Division, First Department, ruled in October 2014 that, once a building receives J-51 tax benefits, owners are forever barred from seeking luxury deregulation of rent-controlled apartments, even after the J-51 benefits expire. Ram I v. DHCR, 993 NYS2d 706 (App. Div. 1 Dept. 2014)....