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
Baumrind v. Valentine
Apr. 17, 2002 -
A DHCR rent reduction order does not automatically preclude the granting of an abatement in Housing Court.
Matter of Byrne v. Board of Standards and Appeals
Apr. 17, 2002 -
Certificate of occupancy is revoked where loft landlord had Department of Buildings inspector approve the issuance of a certificate of occupancy when the work was in fact never done and the inspector was later indicted for bribery (involving another building).
Estate of Callahan v. Shue
Apr. 17, 2002 -
Landlord's refusal to consent to tenant's proposed subtenant was unreasonable because landlord wanted the subtenant to pay a much higher rent than what the tenant's paid
30 Eastchester LLC v. Healy
Apr. 17, 2002 -
Private landlord is not obligated to remain in a Section 8 program following the termination of the tenant's lease
Eckles v. Sealy
Apr. 17, 2002 -
Man who owns property can maintain eviction proceeding against former paramour in a licensee holdover proceeding in Housing Court.
Dorsey v. Hawthorne Garden Owners Corp.
Apr. 10, 2002 -
Landlord-cooperative building is not responsible for providing "reasonable accommodation" for disabled tenant (e.g., wheelchair ramp) because such a ramp is not a "facility," the co-op does not have sufficient funds, and the design and space constraints of the building cannot be reasonably modified to make it handicap accessible.
57-59 Second Ave. Corp. v. Yeung
Apr. 10, 2002 -
Tenant who allows bathtub water to overflow to apartment below on 20 occasions may be evicted as a nuisance.
326-330 East 35th Street Assoc. v. Sofizade
Apr. 10, 2002 -
In a chronic nonpayment holdover proceeding, landlord is not required to serve a preliminary notice to cure because the conduct is "incapable of any meaningful cure," but a judge may use discretion to award a post-judgment stay of an eviction if certain factors are present including tenant's credit-worthiness.
Pearl White Place HDFC v. Clinkscales
Apr. 10, 2002 -
Where evidence indicates sufficient usage of drug activity, landlord is not required to serve a notice of termination before commencing an eviction proceeding against the tenant.
Vesky v. Antunez
Apr. 10, 2002 -
An illusory prime tenancy claim requires some sort of proof that the landlord knew or should have known of overcharges paid by subtenant to prime tenant.
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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