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
United Hay, LLC v. Grabovak
Apr. 26, 2002 -
After a 9 day trial, tenant's son failed to show that he was entitled to succession rights because he could not prove co-habitation for two years prior to his mother's departure.
MF Holding, LLC v. Apostolopoulos
Apr. 26, 2002 -
Landlord's holdover proceeding on unlawful sublet grounds fails because the alleged subtenants are tenant's adult children who have lived in the apartment since the inception of the tenancy and tenant travels back and forth between the apartment and Greece.
Grzyma v. Kucasa
Apr. 24, 2002 -
Tenant who agreed to vacate in 7 months with a waiver of rent cannot later claim that he is subject to rent stabilization, since that defense was waived by virtue of the settlement
Shared Equities Co. v. Merchant
Apr. 24, 2002 -
Tenant who challenges service of legal papers does not, by doing so, submit to the personal jurisdiction of the court, and therefore a mere appearance to challenge service does not entitle the landlord to a money judgment.
ATM One v. Garcia
Apr. 24, 2002 -
Immediate family member (sister) who lived with the named tenant (her brother) since the inception of the tenancy and landlord fully knew of her presence, is entitled to sign the lease renewal without having to prove succession rights.
169 Realty LLC. v. Wolcott
Apr. 22, 2002 -
Tenant is given opportunity to cure nuisance as facts in this case (elderly tenant who lived in apartment for 43 years) warrant a cure.
Bobbyson 328, Inc. v. Heilbut
Apr. 19, 2002 -
Tenant's ownership of a co-op unit which he uses as an office does not deprive tenant of primary residence status in his rent controlled apartment.
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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