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
Glenn Gardens Associates LP v. Peck
Oct. 4, 2006 -
The court refused to dismiss a holdover proceeding alleging chronic rent delinquency on statute of limitations or waiver grounds, but limited the petition solely to the allegation of lease violation (as opposed to a nuisance claim) contained in the predicate notice.
South Park Estates Co. v. Hilverdink
Sep. 28, 2006 -
Notices to cure under the Rent Stabilization Code served by mail require the addition of five additional days to the statutory 10-days.
45-55 Realty LLC v. Covin
Sep. 27, 2006 -
Court upholds preferential rent status conveyed via "so ordered" stipulation of settlement for the duration of tenancy.
Goldman v. Downey
Sep. 26, 2006 -
Tenant failed to establish entitlement to judgment as a matter of law that the subject premises is his primary residence.
Poyck v. Bryant
Sep. 1, 2006 -
Tenant's claim of constructive eviction as a result of second hand smoke is viable in defense of plenary action to collect unpaid rent following vacatur prior to expiration of lease.
Maria Estela I Associates v. Camareno
Aug. 30, 2006 -
Tenant evicted from federally susidized housing as a result of the overwhelming evidence of her children's illegal drug enterprise conducted at the subject premises.
227-229 Realty LLC v. Trzebowski
Aug. 25, 2006 -
Tenant's verbal assault, trespass and writing threatening notes directed at other tenants in the building constitutes a breach of probationary stipulation settling underlying nuisance holdover proceeding.
First Lennox Terrace Assoc. v. Hill
Aug. 23, 2006 -
Landlord prohibited from separating included parking charges from apartment rent in its offer of renewal when both charges were previously combined on prior lease agreements.
Otus v. Northside Development, LLC
Aug. 23, 2006 -
Court enjoins landlord from terminating tenancies and/or enforcement proceedings against residential tenants who entered into possession of residential units pursuant to commerical leases.
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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