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 ...
Tag: non-primary residence proceeding
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
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
The New York Court of Appeals (New York's highest court) has issued a decision that affirms the long-standing standard of review to be employed by the Appellate Division when the Appellate Division is acting as the second appellate court to pass judgment on a non-primary residence proceeding. In the case ...
December 13, 2013Joshua C. Price
The rent regulation system (both rent control and rent stabilization) is an albatross to landlords and as a result those landlords are often looking for any way to free themselves from the confinement of the regulatory system. For decades now, individual landlords have concocted schemes ...
November 25, 2013Joshua C. Price
I could hardly believe my eyes as I read a decision from the Appellate Division, First Department released two days ago on Tuesday, October 2, 2012. The decision in the case, 409-411 Sixth Street v. Mogi, 2012 NY Slip Op 06568 (1st Dept. 2012) ...
October 4, 2012Joshua C. Price
An issue of contention in Housing Court for many years has been whether a landlord must name a spouse on a notice of non-renewal of lease ("Golub Notice") that serves as the predicate for a non-primary residence proceeding or owner use proceeding when that spouse is ...
August 29, 2012Joshua C. Price