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
Uptown Realty Group LP v. Buffaloe
Sep. 15, 2004 -
Tenant's affidavit combined with a documentary submission is sufficient to establish the subject premises as the primary residence in support of her motion for summary judgment and same may not be defeated solely by use of hearsay evidence.
Greenport Associates v. Ellis
Sep. 8, 2004 -
Succession rights claim dismissed as the granddaughter of the tenant of record was never listed on the family composition or income recertification forms and could provide little documentation or credible testimony in support of her position that the subject apartment was her primary residence during the relevant time period.
1117 Park Slope Corp. v. Cook
Sep. 8, 2004 -
Notice of termination was defective as it was unclear and lacking in specificity as to whether it was the tenant or the occupant that had engaged in alleged wrongful acts.
Quiles v. Term Equities
Sep. 1, 2004 -
Rent regulated tenants who are denied restoration to possession of their apartments renovated as a result of a fire are held to be unlawfully evicted.
In re: 20 Henry Street Associates LLC
Sep. 1, 2004 -
Tenants collaterally estopped from re-litigating issue of wether their aprtmetns are covered by rent stabilization following building's withdrawal from Mitchell Lama program.
East Sterling Realty v. Abel
Aug. 30, 2004 -
As the stipulation of settlement awarding the apartment was vague as to the legal rent increase, the court declined reaching a determination of rent overcharge holding that the increase is in the context of an overcharge complaint with DHCR.
RHM Estates v. Hampshire
Aug. 30, 2004 -
Appellate Term overrules trial court's finding of succession rights as the record was devoid of evidence demonstrating the requisite emotional and financial interrelationship.
Jeanty v. Shore Terrace Realty Association
Aug. 18, 2004 -
Landlord is obligated to accept enhanced vouchers pursuant to the Section 8 program and offer lease renewals absent good cause to terminate tenancy.
Metz v. Melendez
Aug. 18, 2004 -
Petitioner-assignee of the lease between the owner and the tenants lacks standing to maintain the instant holdover proceeding as a failure to extend the lease by the landlord negates the petitioner's interest.
Acquisition America VII, LLC v. Alexis
Aug. 11, 2004 -
Notice to Cure referencing the wrong section of the Rent Stabilization Code is deemed to be a non-material typographical error not warranting dismissal as the notice still afforded tenant sufficient notice to cure the alleged illegal sublet.
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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