Alternative to Housing Court

With eviction delays and tenants continuing to not pay their rent, owners of real estate in New York City are left feeling frustrated by the lack of recourse against their defaulting tenant. However, the SDK HEIBERGER Team has taken a very aggressive approach commencing literally dozens of Supreme Court plenary actions that have led to swift rulings on motions for summary judgment and/or negotiations with tenants that are “ordered” by the Court, so that the actions do not fester, and the landlord obtains relief.

The settlements may include anything ranging from obtaining the premises back vacant, to payment of “use and occupancy” or even renegotiating the lease so that it is more palatable for the parties during these trying times. Landlords now need to be creative and proactive to enforce their rights and the tenants’ obligations, and we are here to assist.

A plenary action, which is different from a summary eviction proceeding, affords the landlord the ability to seek all rent, including additional rent and legal fees due under the lease and/or “use and occupancy” during the holdover period. The merits of the parties’ claims are fully adjudicated and rendered final as to the issues raised therein.

In New York Supreme Court, the landlord maintains the right to seek as an additional remedy to the monetary damage claim for “use and occupancy,” an action for ejectment and/or even injunctive relief if necessary, to enforce a right under the lease. While ejectment seeks the removal of the tenant and/or occupant by the New York City Sheriff, and is not as expeditious as the Housing Court once was, it certainly affords the landlord an immediate ability to file a case, the same right to remove a tenant if the facts so warrant. However, given the backlog in the NYC Civil/Housing Court, an ejectment action provides more certainty and progress. Action needs to be taken, and we are here to take steps with you, and committed to following through and providing the necessary results for landlords during these difficult times to feel confident that they are being heard.

Steven, Jamie, Eric and the entire SDK HEIBERGER team are here to serve your needs.