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
Haruvi & Haruvi v. Disalle, Tassone, Nicholas and Roderick
Apr. 15, 2004 -
Petitioner's repeated abuse of owner's use proceedings result in forfeiture of his credibility and inability to demonstrate the requisite good faith intention to occupy the subject apartments as a single primary residence
Parade Parkside Assoc. LP v Elisa Holland
Mar. 9, 2004 -
Tenant's abatement claim denied for failure to properly document noise condition and meet her burden of proving alleged condition at trial.
Berkhin v. Kinsor Management
May. 1, 2002 -
Where tenant affirmatively chose not to renew lease, landlord cannot treat the lease as renewed; rather tenant is a month to month tenant and can vacate the premises at any time.
200-202 West 107th Street LLC v. Braun
May. 1, 2002 -
Petition is dismissed since petitioner is different from name of landlord in lease and owner provided no documentary proof of chain of title
251 West 18th Street LLC. v. Del Riostrellita
May. 1, 2002 -
Tenant who refused to sign renewal lease but paid renewal's increased rent is treated by court as if she had signed the lease, and therefor landlord's notice of nonrenewal of lease on nonprimary residence grounds served roughly two years later is proper.
Riverside Holdings, LLC v. Thomas
May. 1, 2002 -
Occupant who paid landlord checks directly in his name for about three years did not create a landlord-tenant relationship because landlord never recognized him as a tenant in his own right.
IG Second Generation Partners v. Young
May. 1, 2002 -
Lower rent resulting from rent reduction order remains in effect against new tenant even where landlord made renovations after the prior tenant vacated, but landlord is permitted a vacancy increase.
Manhattan Embassy Co. v. Burns
May. 1, 2002 -
Landlord unreasonably deprived tenant of sublet and which caused tenant damages by the loss of subtenant's rent, and these damages equaled the amount of rent sought in landlord's nonpayment petition; therefore the nonpayment petition was dismissed and tenant awarded legal fees as the prevailing party.
Weinreb v. DHCR
Apr. 30, 2002 -
A materially defective and improperly served DC-2 Notice of the initial rent stabilized rent on the prior tenant does not preclude the present tenant from filing a Fair Market Rent Appeal even where the prior tenant submitted a statement claiming he knowingly waived challenge to the FMRA.
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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