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
160 West 118th Street Corp. v. Grey
Dec. 15, 2004 -
Tenant's single incident of shooting a person in apartment may rise to level of nuisance pursuant to New York City Administrative Code §26-408(a)(2) and harassing behavior toward other tenants and possession of illegal firearm could demonstrate ongoing pattern required for incurable nuisance.
Matter of Gates v. Hernandez
Dec. 13, 2004 -
Action for declaratory judgment and prohibition to halt NYCHA proceeding to determine whether tenancy should be terminated dismissed, as Article 78 proceeding cannot be brought until after determination and exhaustion of administrative remedies.
Baruch Hashem Yom Yom Corp. v. Gadbois
Dec. 8, 2004 -
Tenant not required to reside in this country while subletting – landlord unreasonably refused to permit bona fide sublet - holdover dismissed and tenant awarded attorney’s fees.
Corastor Holding Co., Inc., v. Mastny
Dec. 8, 2004 -
Prior landlord’s registration of units with Loft Board and filing of narrative statement describing legalization of building is binding on successor owner; tenant not subject to termination of month-to-month tenancy and cannot waive protections of Loft Law.
Kew Gardens Associates LLC v. Ruvio
Dec. 8, 2004 -
Tenant relieved of failure to make final payment due pursuant to stipulation in nonpayment summary proceeding and restored to possession; tenant was suffering from depression due to cancer diagnosis; default was minimal, inadvertent and promptly cured.
Ricciardo v. Ricciardo
Dec. 6, 2004 -
RPAPL §232(a) governs service of thirty day termination notice in ejectment action, not the CPLR.
Spigel v. Gonzalez
Dec. 1, 2004 -
Motion to read disabled tenant's testimony into record at trial would not be heard in resolution Part of Housing Court; trial Part should retain discretion to rule upon evidentiary matters.
Litwack v. Plaza Realty Investors, Inc
Dec. 1, 2004 -
Notice of water leak conditions which give rise to mold infiltration, rather than notice of the mold condition itself, is sufficient to hold landlord potentially liable for injuries cause by toxic mold; expert testimony with respect to mold exposure related injuries subject to Frye hearing.
330 East 46th Street Associates, LLC v. Greer
Dec. 1, 2004 -
Tenant's vague and unparticularized testimony as to the nature of conditions in the apartment and chronology of verbal notice given to unspecified building representatives insufficient to meet tenant's proof for rent abatement due to alleged breach of warranty of habitability; award of landlord's attorneys could not be made on motion - hearing required.
Heritage East-West LLC v. Chung and Choi
Nov. 29, 2004 -
Landlord's attorney who authorized false non-military affidavits prior to the commencement of non-payment proceedings was fined $6,000.
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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