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
Southbridge Tower, Inc. v. Frymer
Aug. 11, 2004 -
Mitchell-Lama tenants are now afforded an additional 5 days to cure when service is completed by mail.
Bran-Trav Development LLC v. Matus
Aug. 11, 2004 -
Landlord may not reject the Section 8 subsidy and opt out of the program when participation in same constitutes a material term of the initial rent stabilized lease.
123 West 15, LLC v. Lafayette Compton
Aug. 6, 2004 -
Landlord's offer of a renewal lease following service of notice of nonrenewal but outside the 90- 150 window period and acceptance of same by tenant vitiates the notice of nonrenewal.
Shady Glen Owners Corp. v. Joyce
Aug. 4, 2004 -
Landlord's failure to plead service of its 30-day notice of termination in its petition as required by Real Property Law does not render entire proceeding defective as the CPLR provides that at any stage of an action the court may permit a mistake, omission, defect or irregularity to be
corrected.
Bedford Apartments Co. v. Lewinson
Aug. 4, 2004 -
Agreement to deregulate stabilized apartment by the use of lease agreements conditioned upon a tenant's representing the apartment is their non-primary residence is void, notwithstanding consent judgements and four year statute of limitations does not bar examination of rental history more than four years prior for the purpose of determining regulated status in defense of a holdover proceeding.
Matter of 41 West 72nd LLC v. NYS Division of Housing and Community Renewal
Aug. 4, 2004 -
DHCR's review period for determination of an overcharge claim is limited to the four year period prior to the filing date of the complaint and such a period is not extended or tolled by tenant's interposing a counterclaim in a previously discontinued nonpayment proceeding.
Western Estates LLC v. Roberts
Jul. 27, 2004 -
The possibility of improper service of the notice of petition coupled with proof that rent arrears were paid prior to the issuance of the warrant of eviction were sufficient reasons for the appellate court to restore out of possession tenant to possession pending her appeal.
Croman v. Leighton
Jul. 21, 2004 -
Court dismisses owner's use proceeding for landlord's failure to offer comparable housing to senior citizen tenant upon commencement of the proceeding.
85th Columbus Corp v. Furmansky
Jul. 21, 2004 -
The Court allowed a review of greater than the statutory two year time period in order to determine whether tenant ceased occupying the subject premises as his primary residence.
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.
Advertisement—
Do you desire learning
as much as you can about law or crime and punishment? Many
successful lawyers and paralegals start their education through an online
paralegal school where an online
paralegal certificate helps you achieve your goals. Instead of
always reading the arrest stories, be part of them. Consider the educational
sources of National Paralegal!
