Whether you’re a landlord looking to take possession of an apartment - due to chronic non-payment, non-primary residence issues or a lease violation - or you’re a tenant facing eviction the lessons learned from these five real New York cases provide useful insight for those currently (or soon-to-be) involved in ...
Category: Holdover Proceedings
February 8, 2016Joshua C. Price
The rent may be "too damn high" but that's not entirely the reason why Jimmy McMillan may be out of a rent-stabilized Manhattan apartment. The New York Daily News reports the 2010 gubernatorial candidate was served with an eviction notice "ordering him out ...
January 28, 2015Joshua C. Price
In Housing Court cases are supposed to be resolved quickly – this is why they are called summary proceedings. Performing discovery is uncommon in summary proceedings but will happen in the context of certain more complicated cases in which one party needs information that is in the exclusive use and ...
December 17, 2014Joshua C. Price
A recent decision of the Appellate Term, First Department has reiterated, emphasized and clarified a long-standing rule in non-primary residence cases – That rule is that even if a tenant has under penalty of perjury sworn on tax documents that the tenant lives away from the subject rent stabilized apartment ...
May 9, 2014Joshua C. Price
Practicing in the field of landlord-tenant law is unique in that the losing party will often have to pay the prevailing party an award of its reasonable legal fees. In England there is a rule (called the English Rule) that provides that the losing party to ...
January 24, 2014Joshua C. Price
This author has written extensively about chronic non-payment proceedings and the quirks assoicated with such cases. A decision handed down yesterday by the Appellate Term, First Department demonstrates that a chronic non-payment proceeding will fail when a tenant shows that his/her failing to pay the rent ...
September 14, 2012Joshua C. Price
A type of lawsuit frequently started in the Housing Court is a chronic non-payment holdover. The purpose of this type of lawsuit is to evict a tenant for repeatedly failing to pay his/her rent on time. A tenant - who without justification - has failed to pay his/her rent often ...
September 12, 2012Joshua C. Price