Kenneth Hawco - Tenant Attorney
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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

Prana 3750 Broadway LLC v. Alvarez
May. 19, 2004 - To remove a DHCR registered apartment from the residential market, the landlord must follow procedures prescribed in the Rent Stabilization Code including, but not limited to, obtaining
permission from DHCR.

Olten v. Hunter
May. 14, 2004 - The rent stabilization code entitles a tenant to offset an overcharge award against the "present owner" or a Section 7-A administrator.

Li v. Reyes
May. 12, 2004 - Reduction in number of units in subject building from 6 to 5 after base date for rent stabilization coverage does not remove remaining units from rent regulation even when a tenant took occupancy after the renovation.

Arben 125 Eastern Parkway LLC v. Armstead
May. 12, 2004 - Amendment to the Rent Reform Act of 1997 which removed nephews from the definition of traditional family members entitled to claim succession rights is inapplicable to claims vesting prior to its enactment.

300 West 106th St. Corp. v. Rosenthal
May. 12, 2004 - Landlord failed to meet its burden of proving that the tenant effectively abandoned the subject apartment or engaged in nonprimary residency to the extent it did not offer testimony by witnesses within its control.

Breson Corporation and C. Brian Breyre, As Tenants In Common v. Halo
May. 5, 2004 - Loft tenant who subdivided and sublet a portion of the subject premises in an amount in excess of the legal rent for the entire space is found guilty of incurable profiteering.

Gloveman Realty Corp. v. Jeffreys
May. 5, 2004 - Landlord of loft building was unable to collect use and occupancy until it properly obtains a certificate of occupancy or multiple dwelling registration.

Gateway Arms Realty Corp. v. Patterson
May. 5, 2004 - Rent arrears discharged in bankruptcy court does not prevent a landlord from evicting a tenant by reason of nonpayment.

Lutine Realty Corp. v. Perry Films, Inc.
Apr. 28, 2004 - Landlord's claim for use and occupancy accruing after prior default judgment was not barred by collateral estoppel.

In Re Cabrini Realty, LLC v. New York State Division of Housing and Community Renewal
Apr. 26, 2004 - In determining whether an overcharge existed in the absence of documentary evidence of the rental history of the subject apartment, DHCR's decision to employ a "default formula" ruled to be irrational as it could not be proven that the prescribed Rent Stabilization Code formula would have been a hardship and prejudiced the subject tenant.

  
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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

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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:

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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