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
17 Berkeley Place LLC v. Morales
Jul. 16, 2004 -
Landlord's waived its right to object to kitchen alterations upon a showing that it had direct knowledge of alterations four years prior and failed to object to same in prior illegal alterations case.
448 West 54th Street Corp. v. Doig-Marx
Jul. 14, 2004 -
Lease rider that contemplated for preferential rent for the term of the tenancy is not affected by 2003 amendment to the Rent Stabilization Code that allows a landlord to charge legal regulated rent upon expiration of preferential renewal lease.
New York City Housing Authority Kingsborough Houses v. Sullivan
Jul. 8, 2004 -
Failure on the part of DSS to make rent payment on behalf of public housing tenant held insufficient cause to evict tenant and as a result tenant restored to possession of subject apartment or if subject premises already re-rented, to a comparable apartment.
Bravo Realty Corp v. Lewis
Jul. 7, 2004 -
Tenant's signed agreement to vacate rent stabilized apartment in exchange for monetary sum was unenforceable as a matter of law when tenant entered into same without the benefit of counsel, or in the alternative, the agreement was not subject to review by DHCR or a court of competent jurisdiction.
Hegeman Asset LLC v. Smith
Jul. 6, 2004 -
Appellate Term held that landlord perpetrated a scheme against tenant as well as other tenants in building wherein it refused to accept rent in an effort to create a nonpayment situation. The Court restored tenant to possession of her apartment and ruled that she was entitled to move for costs incurred as a result of the maintenance of this proceeding, and for sanctions of up to $10,000.00 against the landlord and/or its attorney.
Alexandris v. Messmer
Jun. 30, 2004 -
Tenant is not liable for rent under stipulation which provides for payout schedule in exchange for stay of execution of warrant and no further admission of rent liability, when tenant vacates prior to execution of the warrant.
Malafis v. Cancel
Jun. 30, 2004 -
Illegal sublet proceeding and not licensee proceeding is the appropriate proceeding for a landlord to commence against deceased tenant's estate when the lease is still in effect.
Street Realty Corp. v. Kenneth Robert Shook
Jun. 24, 2004 -
Tenant permitted to cure nominal overcharge of roommate to the extent the Court found that there was no evidence of
bad faith or intent to engage in profiteering and in such an event, neither party is entitled to recover attorney's fees.
Carroll Street Properties v. Puente
Jun. 23, 2004 -
While statute would indicate that child care facilities may not operate in non fire-proof buildings above the first floor, the Court held that "the landlord's allegations do not rise to the level that warrants the court to overturn 40 years of public policy regarding the use of residential apartments for child day care programs that are sanctioned by the state and properly licensed".
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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