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
Mazal Group LLC v. Anthony Clay & Webemerge
Nov. 24, 2004 -
Landlord is barred from collecting rent in the absence of a certificate of occupancy; tenant granted partial summary judgment for periods not covered by temporary certificate of occupancy.
Hazy Realty Corp v. Bermuda
Nov. 22, 2004 -
A tenant's activities and illegal use of their apartment may be examined and considered by the Court to determine whether there is good cause to grant tenant's post-eviction application for restoration to premises in nonpayment summary proceeding.
Waterside Plaza, LLC v. Mary Smith
Nov. 18, 2004 -
Landlord who was obligated contractually to renew lease in successive one year terms until Court rescinded lease, did not waive or vitiate claims of nonprimary residence by billing tenant for increased rent and security based upon automatic renewal arising during pending litigation.
Matter of Contello Towers Corp. v. NYC Dept. of Housing Preservation and Development
Nov. 17, 2004 -
Therapeutic dog does not outweigh no-pet clause where the type of pet is not necessary and another animal or object which did not violate lease could have been substituted; tenant not indispensable party in Article 78 proceeding challenging HPD's denial of certificate of eviction.
135 PPW Owners LLC v. Schwartz
Nov. 17, 2004 -
Where a landlord brings a licensee proceeding against occupants remaining in an apartment after the tenant of record dies, the estate of the deceased tenant is a necessary party who must be joined in the proceeding if the current lease term has not yet expired.
Matter of Quesada v. Hernandez
Nov. 16, 2004 -
Williams Consent Decree requires NYCHA to send warning and two notices by regular and certified mail prior to termination of a tenant's section 8 subsidy; anything less than full compliance with the requirements of Williams Consent Decree renders termination of section 8 benefits unlawful.
Taylor Construction Corp. v. Liguori
Nov. 16, 2004 -
Court can draw the strongest inference that opposing evidence permits against a party who does not testify on their own behalf; one must produce an explanation or denial of allegations of nuisance to properly contradict testimony at trial.
Cosmopolitan Associates LLC v. Ortiz
Nov. 12, 2004 -
Landlord may opt-out of Section 8 program as receipt of Section 8 benefits is not a material term of tenant's rent stabilized lease.
M 1849 LLC v. Inniss
Nov. 10, 2004 -
Landlord cannot opt-out of Section 8 program when participation in same commences with tenant's original lease.
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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