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
235 W. 71st Street v. Chechak
Jun. 23, 2004 -
Landlord is unable to commence an illegal sublet proceeding upon tenant's permanent vacatur upon a showing that his mother had long term ties to the subject premises and instead the landlord must commence a nonprimary residency proceeding upon expiration of the lease.
Ludlow Properties, LLC v. Young
Jun. 21, 2004 -
Court awarded tenant a 45 percent abatement for infestation of bed bugs upon consideration of the size of the premises, the severity of the infestation, landlord's diligent effort to eradicate the condition and the continued, although limited, use of the premises by tenant.
153-155 Essex Street Tenants Assoc. v. Kahan
Jun. 9, 2004 -
Tenant association is entitled to conduct limited discovery in response to landlord's claim of economic infeasibility to repair fire damaged building.
U.S. Bronsville II HDFC v. Nelson
Jun. 9, 2004 -
Surrender of the keys by tenant and acceptance of same by landlord coupled with the return of the security deposit releases tenant from liability for unpaid rent for the duration of the lease.
225-251 West 109 LLC v. Khardori
Jun. 9, 2004 -
Landlord is barred from commencing nonpayment proceeding against tenant who is not in possession of subject premises.
Matter of ATM One, LLC v. Landaverde
Jun. 4, 2004 -
Landlords who choose to serve Notice to Cure by mail must compute the "date certain" by adding an additional five days to the 10 day notice period.
985 Fifth Avenue LLC v. Reiss
Jun. 3, 2004 -
In light of a recent ruling by the New York State Court of Appeals, the filing of an amended tax return may not be sufficient proof to dismiss a high-income rent deregulation proceeding.
Sea Park West Houses v. Williams
May. 19, 2004 -
Mitchell-Lama regulations requires a landlord to serve a notice to cure nuisance conduct prior to termination of tenancy.
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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