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
Metropolitan Insurance/Annuity Co. v. Rowinski
Nov. 10, 2004 -
Holdover proceeding dismissed where landlord deposits tenant's rent check for the period between expiration of the lease and commencement of the holdover proceeding; landlord's claim of inadvertence rejected.
Harris v. Apolant
Nov. 9, 2004 -
Landlord's nonpayment proceeding dismissed as landlord failed to allege at trial five day rent demand as required by lease; tenant's counterclaim for rent abatement dismissed as moot but counterclaims for repair and deduct, storage and return of security granted.
Jermaine v. Boyd
Nov. 8, 2004 -
Tenant is entitled to rent abatement for unremediated rodent infestation.
W.C. Port Chester Housing Authority v. Mobley
Nov. 5, 2004 -
Warranty of habitability not breached by landlord's failure to install roll-in shower for disabled tenant, but tenant granted additional abatement for other conditions on appeal.
W.C. Solorzano v. Mercado
Nov. 5, 2004 -
Final judgment awarding possession to landlord vacated, as DHCR never determined tenant's right to renewal lease on merits, which parties agreed would be dispositive of case.
Secretary of Housing & Urban Development v. McClenan
Nov. 3, 2004 -
Petitioner's eviction of member of U.S. Army, its erroneous claim that tenant was not on active military duty and its failure to negotiate and act in good faith constituted bad faith and entitled tenant to be restored to premises.
Verdell v. Lincoln Amsterdam House Inc.
Nov. 3, 2004 -
Mitchell-Lama tenant, who received apartment by virtue of mistake or violation of HPD rules on the part of Housing Company, and was blameless in her placement on the internal list and transferred to allegedly closed external list, would not be subject to eviction.
Safonte v. Garcia
Nov. 3, 2004 -
Landlord cannot circumvent a two week old "So Ordered" stipulation by using an out of court agreement, such as an individual apartment improvement application, to raise the rent just agreed upon in court, particularly where the tenant did not speak English and the managing agent took advantage of tenant's inability to understand impact of DHCR rent increase application.
Whitehall Realty Co. v. Friedman
Nov. 2, 2004 -
Alternative, pre-petition notice to cure does not grant tenant a post-trial opportunity to cure a long-standing nuisance that showed no signs of abating.
Genesis Holdings LLC v. Watson
Nov. 1, 2004 -
Stipulation of settlement waiving potentially meritorious defense of succession rights vacated where party to stipulation suffered from mental disability warranting appointment of guardian ad litem, lawyer was not retained by mentally ill party and stipulation did not give consideration for waiver of defense.
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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