WebFeb 24, 2024 · If the court determines that at least one of the co-tenant plaintiffs negotiated in bad faith, the partition action will be dismissed. See RPAPL §993 (5) (f). Interestingly, … RPL § 223-b protects tenants exercising their right to complain to governmental agencies, enforce their lease rights, and join a tenants’ organization. Before HSTPA, landlords who commenced a holdover proceeding against a tenant within six months of exercising these rights created a rebuttable presumption that … See more Although security deposits have long been limited to one month’s rent for rent-stabilized tenants, HSTPA amended the GOL effective June … See more The abusive use of so-called tenant blacklists in leasing practices has been widely publicized. Blacklists are lists of tenants named as respondents in Housing Court litigation. Landlords have used the lists to screen … See more Most landlord-tenant disputes are resolved through “hallway justice,” when the parties reach an agreement on settlement terms before the case … See more Before HSTPA, landlords did not have an obligation to mitigate damages if a tenant broke the lease by vacating early. Following time-honored precedents like Holy Properties Ltd., … See more
The First Department Levels the Field in RPAPL § 881 Proceedings
WebJul 15, 1983 · Plaintiffs' contention that RPAPL 713 requires defendants to utilize statutory remedies, rather than self-help, in regaining possession of the premises is erroneous. In P A...may be evicted only through lawful procedure, others, such as licensees and squatters, who are covered by RPAPL 713 are not so protected * * *. WebRPAPL 735 is a statutory remedy. The right to maintain a summary proceeding does not exist at common law. RPAPL 735 is strictly construed, as is CPLR Article 3. A departure from the requirements of RPAPL 735 or CPLR Article 3 for service of process is not curable and mandates that the proceeding be dismissed.3 That a tenant has actual notice of the gersh stephen
Rural and Northern Immigration Pilot Program – Welcome to SSM
WebJan 25, 2024 · Bad-faith. If court determines that a party failed to negotiate in good faith, court can issue order, on motion or sua sponte , finding bad faith. A referee may hear and … WebDec 30, 2024 · referee, judicial hearing officer, or other staff designated by the court to oversee the settlement conference process shall make a report of findings of fact, … WebDec 23, 2024 · Since [borrower’s] submissions raised a factual issue as to whether [lender] negotiated in good faith and deprived them of a meaningful opportunity to resolve the action through loan modification or other potential workout options (see CPLR 3408[f]), the court should have held a hearing to determine this issue before deciding those branches ... gersh park basketball tournament