Showing 1–20 of 23 results
...If the landlord fails to provide timely notice, the occupant's lawful tenancy shall continue under the existing terms of the tenancy from the date on which the landlord gave actual written notice until the notice period has expired, notwithstanding...
...eviction proceeding." I do not dispute that a notice of nonrenewal is a predicate to commencement of an eviction proceeding that must be served on NYCHA, and that such notice must be served on the tenant within the time periods...
Because this is a Section 8 tenancy, landlords were required to give NYCHA "a copy of any owner eviction notice to the tenant" (24 CFR 982.310 [e] [2] [ii]). An "owner eviction notice" is {**73 Misc 3d at 14...
...NYCHA likewise be served with a nonrenewal notice within this prescribed period. All that is required under the federal consent decree and regulation is that timely notice of the commencement of an eviction action be served on NYCHA (see 433...
...Indeed, seven days is an extremely short period for a notice requiring surrender of possession. Furthermore, while RPAPL 711 (5) applies State-wide, RSC § 2524.2 (c) applies only to rent-stabilized apartments. In statutory interpretation, the specific always takes...
A landlord is required to serve a predicate "notice to vacate or surrender possession" pursuant to RSC § 2524.2 prior to commencing a proceeding to "remove or evict" a tenant from a rent-stabilized housing accommodation upon any ground permitted...
The rationale in the ruling of the Kentucky Fried Chicken case (supra) is that the tenant who is given a short period of time to act or face eviction is entitled to know with certainty that the notice is actually...
...Under the typical proprietary lease, a cooperative board evicting a shareholder-tenant for objectionable conduct under Pullman is not required to offer a cure period. That is one reason why courts must exercise caution in assuring that cooperatives implement Pullman...
In this case, there are certainly grounds upon which respondent could have proceeded to legally evict petitioner. Respondent could have commenced an action for nonpayment of rent. Respondent could have served petitioner with notices of nonrenewal during the Golub period...
...The fact that it was served on NYCHA outside the limitations period for service on the tenant is irrelevant, since nothing in the applicable federal regulations requires anything other than an "eviction notice" to be served on NYCHA (see 24...
...The respondent’s counterclaims were tried over a period of four days. Retaliatory Eviction Counterclaim
Where, after eviction, a tenant’s property is removed by the marshal at the landlord’s request or by the landlord himself, the landlord is responsible for storing the property for a reasonable period of time—per the Uniform Commercial...
...It is not notice as contemplated by the statute; it is a direction to the tenant to calculate the amount of rent due over a four-year period beginning six years ago. It conveys contradictory and ambiguous signals about what...
...in a notice to quit, our courts have held that a notice to quit must "advis[e] the occupant to leave the premises by a date certain and further that a summary proceeding will be commenced to evict the occupant...
...in a notice to quit, our courts have held that a notice to quit must "advis[e] the occupant to leave the premises by a date certain and further that a summary proceeding will be commenced to evict the occupant...
The grounds for evicting a rent-stabilized tenant are set forth in part 2524 of the Rent Stabilization Code (RSC) (9 NYCRR). Contrary to landlord’s contention, a tenant’s statement on a renewal notice of an intention not to...
...While landlord admittedly had received the payments that were earmarked for May and June 2016, it failed to apply those payments to the respective periods for which they had been intended. Furthermore, landlord omitted this payment from the rent notice...
...It is undisputed that plaintiff served the notice of default on the heels of defendant's motion to hold plaintiff in contempt of the parties' stipulation in an earlier action, thus falling within the one-year period in which the...
...affidavit or certificate of service of the notice of petition and petition, the judge shall render judgment in favor of the petitioner and may stay the issuance of the warrant for a period of not to exceed ten days from...
To permit inclusion of the asterisked language in the three-day notice and the petition would fundamentally alter the nature of the summary proceeding. The summary proceeding is intended to provide an owner with a swift and expeditious vehicle to...