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.
Williams v. Williams
Aug. 2, 2006 -
Grandmother is not permitted to maintain licensee summary proceeding wherein she seeks to evict her two adult grandsons from residing with her in her NYCHA apartment and must seek their removal via an ejectment action in Civil Court.
Samra v. Rosen
Aug. 1, 2006 -
Tenant is judicially estopped from disavowing attorney's fee provision of lease that was relied upon in prior litigation.
New York City Housing Authority Morrisania Air Rights v. Lakena Shaw
Aug. 1, 2006 -
Appellate Term reverses lower court's denial of respondent's succession rights claim to NYCHA housing upon an undisputed finding that she was an original member of the household who resided with her mother, the tenant of record, until her permanent vacatur.
Croman v. Leighton
Jul. 24, 2006 -
Appellate Term upholds lower court's award of summary judgment in favor of tenant in an owner occupancy proceeding upon a showing that tenant is a senior citizen and that the landlord failed to offer a comparable apartment.
S&R Properties of New York, Inc. v. Kathleen Cromwell
Jul. 24, 2006 -
Appellate Term reverses lower court's sua sponte dismissal of nonpayment proceeding for lack of a multiple dwelling registration statement upon a record indicating the current existence of only one residential apartment.
Santorini Equities, Inc. v. Picarra
Jul. 24, 2006 -
Appellate Term reverses lower court's dismissal of holdover proceeding predicated on a timely notice of non-renewal despite the fact that the expired lease was belatedly offered to tenant as the tenant failed to exercise his statutory option to select the commencement date.
Lora Equities v. Galindo
Jul. 19, 2006 -
In the absence of a signed renewal lease, a landlord may automatically renew for a one year term and has a duty to mitigate damages following tenant's vacatur.
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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