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
Marrero v. NYCHA-Borgia Butler
Apr. 8, 2002 -
Trial court erred by allowing tenant to be restored to apartment without holding a hearing and despite the passage of several months and the occupancy by a new tenant.
Howard Avenue Associates v. Rojas
Apr. 5, 2002 -
Tenant who is convicted for a "violation" of possessing 8 cigarettes of marijuana cannot be evicted for criminal activity since a violation is not a crime because it does not rise to the level of a misdemeanor or felony.
791 Eighth Avenue LLC v. Romero
Apr. 3, 2002 -
If an SRO permanent tenant does not request a lease, landlord is not entitled to charge a vacancy increase in rent, and such charge is deemed an overcharge.
355 W. 85th Street Corp. v. Tremblay
Apr. 3, 2002 -
Respondent seeking succession rights may have his attorney testify as a witness if the testimony is not prejudicial to the respondent; disqualification of attorney is denied since it will create a hardship.
Shepanzyk v. Hicki
Apr. 3, 2002 -
Court declines to allow landlord to recover the apartment for the usage of his parents-in- law since the mother-in-law is still in Poland waiting on government papers to emigrate.
471 Broadway, LLC v. Schwartzwald
Apr. 3, 2002 -
Landlord's good faith compliance with laws required to legalize a loft requires a trial and cannot be resolved on a mere motion.
Henriques v. Boitano
Apr. 2, 2002 -
Landlord's appeal of sanctions costs was not frivolous and therefore landlord cannot be subject to more costs simply for making the appeal.
Hudson Towers Housing Company v. Weissbrod
Apr. 2, 2002 -
Oral representations of relocation to a larger apartment cannot form the basis for setting aside a stipulation of settlement where tenant agreed to vacate the apartment.
Anderson v. Bidlo
Apr. 2, 2002 -
Where landlord needs access to apartment to make repairs or improvements required by law or the DHCR, landlord is not required to provide tenant five days notice.
Riverside Equities LLC v. DHCR
Apr. 1, 2002 -
Although performed sporadically due to having to hire a new contractor, landlord's building-wide repairs were not done in piecemeal fashion and were part of a unified plan, thereby entitling the landlord to an MCI increase.
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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