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
Department of HPD v. All-Boro Management Co. LLC
Aug. 17, 2005 -
Landlord not entitled to a trial by jury in HP action commenced by HPD seeking civil penalties and an order to correct outstanding violations.
Carnegie Hill 87th Street Corp. v. Heller
Aug. 17, 2005 -
Court upholds cooperative's decision to terminate proprietary lease as a result of nuisance allegations and further denies tenant's motion to vacate default possessory and money judgments as a result of her failure to demonstrate improper service of as well as a meritorious defense to the cooperative's motion for summary judgment.
IMPAC Associates Redevelopment Co. v. Robinson
Aug. 17, 2005 -
Proceeding alleging fraudulent misrepresentation of tenant's income for the purpose of calculating her rent subsidy dismissed due to owner's failure to follow pre-termination procedures set forth in the HUD Handbook.
184 West 10th Corp. v. Westcott
Aug. 2, 2005 -
Whether or not tenant utilized the subject premises exclusively or primarily for professional or commerical purposes and/or sublet the subject premises to a business assistant may not be resolved in a motion for summary judgment.
Banks v. Columbus Properties
Aug. 2, 2005 -
Restoration of occupant to possession following illegal lockout upheld by Appellate Term upon a showing of constructive possession and landlord's acceptance of two rent checks immediately prior to the lockout.
Edelstein & Son, LLC v. Levin
Aug. 2, 2005 -
Landlord may not collect rent arrears which accrued prior to the date of death of the statutory tenant from successor tenant and instead must seek same in a plenary action against the estate of the deceased statutory tenant.
College Oak Equities Assoc v. Wolferd
Jul. 6, 2005 -
Tenant, who resides with a registered sex offender, is evicted as a result of her misrepresentation on her apartment application that she intended to reside alone at the subject premises.
Thornton v. Baron
Jul. 1, 2005 -
The four year statute of limitations for examination of the rental history of an apartment imposed by the 1997 Rent Regulation Reform Act does not bar a challenge to unlawful rent and/or unlawful removal of an apartment from rent stabilization resulting from fraud committed by the owner more than four years prior to the filing of an overcharge complaint.
Clearwater Realty Co. v. Yonac
Jul. 1, 2005 -
Landlord entitled to recover a portion of claimed IAI costs to the extent it was able to demonstrate to the Appellate Term a likelihood of success before DHCR of an entitlement to same.
Uptown Realty Group, L.P. v. Buffaloe
Jun. 29, 2005 -
Landlord is unable to maintain nonprimary residency proceeding where deed indicates that ownership was transferred on the day the proceeding was commenced, motion to substitute new owner was not brought until over one year later, and petitioner failed to show that provisions of Limited Liability Company Law for continuance of proceeding by a converted entity were applicable.
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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