NONPAYMENT PROCEEDINGS - COMMERCIAL & RESIDENTIAL
When tenants do not pay their rent, owners are unable to meet their operating needs. Levy Tolman LLP handles an array of nonpayment of rent proceedings both for residential and commercial properties. Representing corporate owners, management companies, cooperative boards and small property owners, we initiate nonpayment proceedings to ensure the tenants pay rent in a timely fashion or face eviction. We have extensive experience navigating the procedural hurdles at New York City’s Housing Courts to obtain a favorable result for our clients. Prior to commencing a nonpayment proceeding, or dispossess as it is sometimes known, we serve a statutory rent demand notice. When the tenant fails to pay the rent, we initiate an eviction proceeding with the filing of a notice of petition and petition. We also work closely with the marshal’s office and coordinate all of your eviction needs.
Oregon Realty Company v. Jane Rincon, L&T Index No. 84143/2016, (Rodriguez, J., Civ. Ct. Queens Co., March 14, 2016)
In this nonpayment proceeding, the rent stabilized tenant resided in the building for 25-years and was the president of the tenant’s association. After the tenant failed to answer the notice of petition and petition, she was evicted owing several months of rent. The Court held a post-eviction hearing to determine if the eviction should be upheld or overturned. After the hearing, the Court issued an order finding that the eviction was lawful and that the tenant will not be restored to possession.
Oregon Realty Company v. Sara Simon-Tov, L&T Index No. 75654/2016 (Nembhard, J., Civ. Ct. Queens Co., February 27, 2016)
In this nonpayment of rent proceeding, the tenant withheld 12 month’s of rent because she sought a rent abatement. After a trial, the court found that the tenant was only entitled to an abatement of 1/4th of one month’s rent because we had established that the tenant never provided notice to the owner of the conditions and that the conditions complained of were otherwise cosmetic and did not require repairs. Click here for the decision.