The best way to learn complex issues of landlord/tenant law is to read cases. Let it sink in. You may have to consult Kafka, but eventually it may make sense. Although the full text
of Housing Court cases are beyond our resources, NYC tenant attorneys have provided
the reader with the important factual and legal issues of selected cases.
Housing Court Decision Summaries
Estevez v. Cosmopolitan Associates, LLC
Dec. 12, 2005 -
U.S. District Court grants tenants' motion for a preliminary injunction barring their landlord from refusing to renew their leases and ordering the landlord to accept the tenants' Section 8 enhanced vouchers.
New Haven Place v. Beaufort
Nov. 30, 2005 -
Landlord has the option of charging legal regulated rent upon expiration of preferential renewal lease and the fair market rent is not a factor to determine what rent may be charged to tenants.
Marcus v. Danelli
Nov. 30, 2005 -
Court dismisses five consolidated owner occupancy proceedings holding that service of predicate Golub notices fell outside the window period and was untimely as a result of landlord's failure to add five additional days when serving by mail.
University Property, LLC v. Vartanian
Nov. 17, 2005 -
Long-term lease at preferential terms conveyed by former owner to son is not void as contrary to rent stablization laws as the premises were exempt at the time of execution and only those portions non-Code compliant are stricken.
Carmine Limited v. Gordon
Nov. 8, 2005 -
Appellate Term defers to trial court's role as fact finder and upholds its determination that tenant resided at the subject premises as her primary residence.
Hudson Street Equities v. Circhi
Nov. 8, 2005 -
Chronic nonpayment holdover proceeding cannot be maintained when it relies on prior nonpayment proceedings that were dismissed and not restored and/or settled by stipulation requiring the landlord to make repairs.
Matter of T.K. Management Inc. v. Gatling
Nov. 2, 2005 -
Landlord is obligated to provide reasonable accomodations in the form of a wheelchair ramp, wider doorways and a lift for tenant with disability.
Greenburger v. Diether
Oct. 27, 2005 -
Tenant's motion to restore severed counterclaims to appropriate Civil Court calendar for trial over one year following voluntary discontinuance of holdover proceeding is granted by Appellate Term.
315-317 West 98th Street Company v. Benedikt
Oct. 18, 2005 -
Landlord entitled to monetary damages as set forth in stipulation and not possessory judgment following tenant's breach of a so-ordered stipulation for failure to provide access in the absence of clear language authorizing such a remedy.
Landmark Properties v. Olivo
Oct. 12, 2005 -
Tenant's time to cure a breach of a substantial obligation of his tenancy is not stayed or tolled as a result of stays pending appeal.
Browse pages:
Search will only search cases from June 2002. For cases prior to that, please browse the 1996-2002 archives:
Holdovers where the landlord alleges the tenant has violated
the terms of the lease or
otherwise has done something which is prohibited, or is still in occupancy after a lawful lease termination;
Housing Part Action or "HP Action," a case brought
by the tenant asking the court to require the landlord to make repairs.
These disputes are generally
heard in New York City Housing Court which is part of the New York City
Civil Court system. Some cases are heard in the full Civil Court and
still others are brought in Supreme Court (which is really the name of a County Court and
not the highest court in New York State.)
Many factors determine where a case is commenced (and beyond the scope of this brief description),
but include issues of jurisdiction, the amount of money sought as relief or whether discovery is desired.
Some matters are considered Summary Proceedings (usually in Housing Court) and others are
Actions. Each carries its own sets of rules. Supreme Court will also hear Article 78 Proceedings, a
mechanism to challenge the decision of a city or state agency (such as DHCR).
Understanding the legal system anywhere is a tough job, but in New York it is
especially complex. Many, but not all, cases are reported in the New York
Law Journal, a weekday publication usually available in law offices and
public libraries. Many other decisions go unreported and TenantNet invites
readers to make submissions. Upon inquiry
we will supply a fax number.
Certain Laws are brought up constantly in landlord/tenant cases. We can't
mention every statute, but many are available online at TenantNet:
New York State Civil Practice Law and Rules (CPLR)
All summaries, decisions and/or other information is provided for informational purposes only and
should not be construed as legal advice or as creating a lawyer-client relationship with anyone.
Also see the TenantNet general disclaimer.
Although tenants have a right to represent themselves in court pro se, it is always advisable
to consult with an attorney.
Tenant attorney Colleen McGuire edited Housing Court Decisions from 1996-2002. From 2002-2007, Housing Court Decisions was edited by Daphna Zekaria, Esq.
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