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
Rashid v. Cancel
Oct. 12, 2005 -
Former illegal residential usage of basement as a sixth residential unit renders entire building subject to the rent stabilization laws.
Atlantic Westerly Co. v. Cohen
Oct. 5, 2005 -
Landlord may not rely on Golub notice served as a predicate to a prior holdover proceeding that was discontinued prior to the commencment of the instant proceeding.
42-44 W. 74th St., LLC v. Savior
Sep. 29, 2005 -
Law firm disqualified from representation of landlord in nonprimary residency proceeding against tenant who previously retained them to evict his former roommate/girlfriend from the subject premises and in that context solicited advice concerning the now alleged alternate residence.
Tysens Apartments v. Carpentieri
Sep. 7, 2005 -
Tenant's knowledge of landlord's billing error which resulted in lower rent bills to tenant was material issue of fact in nonpayment summary proceeding requiring denial of tenant's motion for summary judgment based upon payment of all rent billed by landlord.
360 West 51st Street, LLC v. Cornell
Sep. 6, 2005 -
Tenant was entitled to one hundred percent (100%) rent abatement for time she was unable to use her apartment due to her acute reactions to mold spores and metallic dust which infiltrated her apartment due to work performed by the landlord's contractors.
BFN Realty Associates v. Cora
Aug. 31, 2005 -
Landlord with knowledge of residential use of commercial premises cannot bring "commercial" nonpayment proceeding against residential tenant; Civil Court's conditioning of order granting tenant reargument and vacating stipulation and judgment on payment of rent reversed, as landlord was not entitled to rent in the absence of a multiple dwelling registration statement and certificate of occupancy for residential use of premises.
TDF 2000 Partners LP v. Ewers
Aug. 30, 2005 -
Court vacates two attorney stipulation of settlement that provides for a rent in excess of the legal registered rent due to the parties' mutual mistake.
603-607 Realty Associates v. Etienne
Aug. 26, 2005 -
Facially defective rent demand results in dismissal of proceeding as the court cannot impose a good faith approximation of the rent arrears due.
Zappala v. Caputo
Aug. 24, 2005 -
Acceptance of rent after judgment of possession and warrant of eviction were issued in holdover proceeding did not prejudice landlord's right to evict tenants.
Matter of Hampton v. Division of Housing & Community Renewal
Aug. 19, 2005 -
DHCR's denial of succession claim to Mitchell-Lama apartment upheld due to petitioner's failure to establish that he was a family member of the former tenant of record and that he was listed on tenant's income affidavits and resided with tenant for the two year period prior to her permanent vacatur.
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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