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
Fairfield Presidential Assoc. v. Salis
Jun. 8, 2005 -
Tenant who held over beyond expiration of lease obligated to pay fair market value as use and occupancy.
Carrano v. Castro
May. 18, 2005 -
Landlord is not bound by stipulation of settlement entered into between tenant and former landlord conferring the protections of the rent stabilization laws on an otherwise deregulated apartment absent a clearly stated intent in the stipulation to bind successors and assigns.
Sharabi v. Morales
May. 18, 2005 -
Stipulation of settlement creating rent stabilized tenancy is not binding on subsequent owner.
New York City Housing Authority v. Pretto
May. 18, 2005 -
Drug holdover proceeding commenced over two years after narcotics recovered at the subject premises is barred by one year statute of limitations.
1675 Realty LLC v. Castillo
May. 16, 2005 -
Landlord awarded summary judgment in chronic nonpayment holdover proceeding following a finding that tenant indefensibly and consistently failed to timely pay her rent over a 38 month period.
Tabak v. Steele
May. 16, 2005 -
Appellate Term upheld trial court's factual determination that tenant maintained the subject premises as her primary residence.
Triolo v. City of New York
May. 11, 2005 -
HPD abused its discretion in refusing occupant's request for reconsideration of her succession rights claim to her Mitchell-Lama apartment where the housing company treated the occupant like a tenant for ten years due to a clerical error.
Shahid v. Carillo
May. 5, 2005 -
Appellate Term upholds lower court's dismissal of nuisance proceeding against rent controlled tenant where landlord failed to serve a copy of the predicate notice and file a copy of the affidavit of service with DHCR within 48 hours of service on tenant.
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.
Advertisement—
Do you desire learning
as much as you can about law or crime and punishment? Many
successful lawyers and paralegals start their education through an online
paralegal school where an online
paralegal certificate helps you achieve your goals. Instead of
always reading the arrest stories, be part of them. Consider the educational
sources of National Paralegal!
