Matter of Schachter v State of New York Div. of Hous. & Community Renewal
Jan. 27, 2005 - Dismissal of Article 78 challenging DHCR's rejection of overcharge claim, the basis of which had already been rejected in an MCI challenge, an earlier stipulation of MCI charges and Housing Court finding that tenants were bound by the stipulation, was proper application of doctrines of collateral estoppel and res judicata.

Shuler v. Dupree
Jan. 26, 2005 - In the absence of duress, overreaching or unconscionability, a stipulation will not be vacated even if improvident; duress alleged in withdrawn motion for leave to reargue was dehors record and will not be considered.

St. Phillips Church Housing Corp. v. George
Jan. 26, 2005 - Son did not have succession rights to his father's Section 8 tenancy in a project-based Section 8 building specifically designated for low income senior citizens.

Morillo v. River Park Associates, LP
Jan. 26, 2005 - Housing Court stipulation where landlord agrees to inspect and repair windows is not admission of negligence in subsequent action by tenant against landlord for injuries resulting from alleged defective window, and Housing Court did not determine issue of negligence, so res judicata and/or collateral estoppel do not apply.

Matter of London Terrace Gardens v New York State Div. of Hous. & Community Renewal
Jan. 19, 2005 - DHCR does not have the power or authority to conduct discovery and investigate the veracity of tenant's tax returns in petition for luxury deregulation, but must rely on information provided by New York State Department of Taxation and Finance (DTF) if DTF is able to match up and locate the tenant's income tax information.


Royal Charter Properties Inc. v. Pierre
Jan. 19, 2005 - Apartment owned by hospital and licensed to employee exempt from rent stabilization; waiver by acceptance of rent and traverse issues could not be determined on motion.

Matter of Robinson v Roberts
Jan. 18, 2005 - HPD properly denied petition for succession rights in New York City owned building where petitioner-occupant obtained electricity unlawfully by tap line running from apartment to basement distribution panel, which created danger to other tenants.

Dunleavy v Hilton Hall Apts. Co., LLC
Jan. 18, 2005 - Allegation that Plaintiff, a single female, was asked to vacate her apartment for failure to provide landlord key upon request, while male or married tenants who also failed to provide a key were not asked to leave, was sufficient to state a cause of action for housing discrimination.


2-12 Sutter LLC v. Crawford
Jan. 12, 2005 - Rent stabilization claim for horizontal multiple dwelling failed where adjacent buildings had separate entrances, basements, electric service, water meters, gas meters, sewer main connections, certificates of occupancy and roof parapets, and no common attic or interior hallway in which a person could pass from one building to another building; landlord did not vitiate termination notice by accepting post-termination rent where, amongst other facts, tenant owed pre-termination rent and could not prove that payment specified the post-termination month.

Allen v. Rosenblatt
Jan. 12, 2005 - Department of Housing Preservation's motion for contempt granted and civil penalties imposed
as well as incarceration upon the landlord, for failure to comply with a prior order by the Court
to remove numerous "c" violations.

About HCD

NYC Housing Court
When you get legal papers, go here to see how Housing Court is supposed to work.

The Legal System
Some perspective might help in court.

Self Help: Nolo Press
Selected articles from Nolo Press

Other Sources
PrairieLaw House/Home Channel

City-Wide Task Force on Housing Court Housing Court Fact Sheets