Housing Court Decisions

TenantNet | Housing Court Decisions Index | City-Wide Task Force on Housing Court

Housing Court Decisions

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

Chazon LLC v. Maugenest
Nov. 1, 2004 - Nonpayment Petition must plead ownership, correct regulatory status, correct registration status, and good faith statement of monthly rent and arrears demanded - failure to allege Loft Law coverage, landlord's compliance with Loft Law obligations and Loft Board registration, in addition to incorrect rent, is fatal to proceeding and requires dismissal.

1440 G. Pacific Realty Corp. v. McCurdy
Oct. 27, 2004 - Court held that landlord's second voluntary dismissal of summary proceeding to be without prejudice in the absence of proof of harassment.

Glenbriar Co. v. S. Lee Lipsman
Oct. 25, 2004 - Appellate Division held that husband and wife may maintain two separate primary residences without penalty.

Tiebout Estates, LLC v. Coleman
Oct. 19, 2004 - Landlord is not permitted to reject Section 8 subsidy where tenancy is rent stabilized and tenant was a subsidy recipient as the outset of the tenancy.

Seminara Pelham LLC v. Formisano
Oct. 11, 2004 - 1996 Congressional amendment permits a landlord to terminate its participation in the Section 8 program upon expiration of tenant's lease.

KNW Associates v. Parish
Oct. 6, 2004 - Failure to file affidavit of service with the Court within statutory three day period after mailing held not to prejudice respondent and it was deemed to be a curable jurisdictional defect that could be cured be petitioner's application for nunc pro tunc relief.

Allerton Associates v. Torres
Oct. 6, 2004 - Court restored tenant to possession and permitted late satisfaction of a judgment to prevent forfeiture of a long-term rent regulated tenancy to the extent that the delay in payment was caused by administrative error.

New York City Housing Authority v. Roberts
Sep. 26, 2004 - Public housing tenant cannot proceed with abatement claim unless a notice of claim is filed with the City.

Matter of Bridgeview Garden Apartments LLC v. NYS Division of Housing and Community
Sep. 22, 2004 - Court could not award use and occupancy to the landlord in an Article 78 proceeding brought solely to review the DHCR'S adverse determination in rent overcharge proceedings.

Gomez v. Haldas
Sep. 22, 2004 - Tenant's rent arrears payment tendered after service of termination notice "vitiates" the effect of said notice requiring dismissal of the action.

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Search will only search cases from June 2002. For cases prior to that, please browse the 1996-2002 archives:

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1996

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

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About TenantNet Housing Court Decisions
New York City landlord-tenant disputes generally fall into three categories:

Non-payments where the tenant has not paid rent;
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:

Rent Regulation
Covering both Regulated and Non-regulated apartments
- New York State Real Property Law (RPL)
- New York State Real Property Actions and Proceedings Law (RPAPL)
- New York State Multiple Dwelling Law (MDL)
- New York City Housing Maintenance Code
- 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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