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
Mangano v. Burke
Jun. 29, 2005 -
Prevailing tenant relieved of obligation to produce lease in order to recover legal fees to the extent that the landlord demanded same in its verified petition and as a result the demand was deemed to be a judicial admission that a lease exists containing an attorney's fees clause.
Morgan v. Giragossian
Jun. 21, 2005 -
Corporate landlord is not permitted to commence owner occupancy proceeding on behalf of future owner/contract vendee.
Tulip Apartments Inc. v. Sullivan
Jun. 21, 2005 -
Appellate Term reveses decision of lower court awarding tenant summary judgment dismissing nonprimary residence holdover, where record indicated material questions of fact existed as to tenant's use of subject apartment and a New Mexico address.
600 Hylan Associates v. Merced
Jun. 15, 2005 -
Notice to quit that characterizes occupancy as "without legal authority or the landlord's permission" is held to be a legally sufficient predicate notice.
Prana Growth Fund I, LP v. Lazala
Jun. 15, 2005 -
Landlord is obligated to serve a predicate notice prior to commencement of an action in ejectment upon the existence of a valid landlord-tenant relationship.
Haruvi v. Rosen
Jun. 15, 2005 -
Golub notice that tracks statutory language without providing a factual basis for the commencment of an owner occupancy proceeding is deemed to be defective and the proceeding is dismissed.
184 West 10th Street Corp. v. Marvits
Jun. 8, 2005 -
Tenant who housed two cats and maintained litter box/food bowls in plain view is entitled to a waiver of the no-pet clause contained in her lease.
Walker v. 570 7th Avenue, LLC
Jun. 8, 2005 -
Evacuated tenant is not obligated to seek rent reduction order as a means of preserving a right to return to apartment damaged by fire.
Trump Village Section 3, Inc. v. Dashevsky
Jun. 8, 2005 -
Tenant who acquired Mitchell-Lama cooperative in violation of DHCR rules is bound by the DHCR's issuance of a certificate of no objection.
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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