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
Chopra v. Parkin
May. 5, 2005 -
Landlord not obligated to demonstrate multiple dwelling registration in non-rent based proceeding; however recovery of rent/use and occupancy is precluded.
Shahid v. Estavez
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.
New York City Housing Authority v. Eaddy
May. 2, 2005 -
Appellate Term upholds trial court's determination that the subject premises was used for illegal trade and that tenant knew or should have known of such use by her significant other.
Matter of Northern v. Hernandez
May. 2, 2005 -
Tenant who filed Article 78 challenging NYCHA's termination of residency status is entitled to hearing to determine when he received NYCHA's "determination of status" upon a showing that a notice to vacate served two weeks later was mailed to the wrong address.
244 Madison LLC. v. Pearson
Apr. 27, 2005 -
In a non-payment proceeding, Court denies landlord's broad and intrusive request for discovery, which was not supported by a showing of ample need or unusual circumstances.
First Flatiron LLC v. Irizarry
Mar. 30, 2005 -
Court of Appeals holding in Wolinsky v. Kee Yip Realty Corp., 2 NY3d 487 (2004), that rent stabilization under the ETPA does not apply to unlawful residential tenancies in commercially zoned districts, does not apply in areas where residential use is not prohibited by zoning and could be made legal.
Matter of 1000 LLC v. Calogero
Mar. 3, 2005 -
Court upholds DHCR’s general policy to examine available four year rental history in setting legal regulated rent for rent-stabilized apartment following deconversion of building from cooperative ownership, rather than setting rent pursuant to specific deconversion rules.
Skyview Towers Holding, LLC v. Lucas
Feb. 28, 2005 -
Nonprimary residence of publicly subsidized housing found against Tenant who owned cooperative, installed son in subsidized apartment and filed false income and occupancy certifications.
Croman v. Thompson
Feb. 23, 2005 -
Applying Landaverde decision to Golub notices of nonrenewal, the Housing Court consolidated and dismissed three owner occupancy holdover proceedings, finding that the notices of nonrenewal served by mail would be deemed served between 87 and 89 days prior to lease expirations, and thus untimely, as landlord was required to add five days to notices of nonrenewal served by mail.
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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