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.
Uptown Realty Group, L.P. v. Buffaloe
Feb. 22, 2005 -
Tenant's conclusory allegations concerning her residency are insufficient to satisfy her burden of proof that she is entitled to summary judgment in nonprimary residency proceeding.
225 5th LLC v. Fiori Fiori Inc.
Feb. 16, 2005 -
Landlord's failure to serve respondent with a true, conformed copy of a notice of petition issued by the Clerk of the Court deprives the court of personal jurisdiction over the respondent, requiring dismissal.
GRP/AG REO 2004-1 LLC v. Friedman
Feb. 10, 2005 -
In summary holdover proceeding, personal service or exhibition of a certified foreclosure deed upon an occupant who is not a party to the foreclosure proceeding is not required; substituted service is acceptable – attorney known by Respondents’ counsel to represent Petitioner in foreclosure action may sign ten (10) day notice to quit.
Shoshany v. Goldstein
Feb. 10, 2005 -
When serving a notice of non-renewal (Golub notice), required at least 90 days but no more than 150 days prior to the expiration of the rent-stabilized lease, an additional five days must be added to the minimum time, if the notice is served by mail.
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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