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
Century Realty Inc. v. Hyatt
Jul. 19, 2006 -
Court vacates a 1996 two attorney stipulation which deemed subject premises not covered by rent stablization as a result of a substantial rehabilitation that according to the landlord's admission, was not performed.
K. C. R. & O Management Corp. v. Ahmad
Jul. 13, 2006 -
Appellate Term modified and remanded lower court's effective dismissal of tenant's counterclaims which was the result of dismissing petitioner's non-payment proceeding without prejudice.
475-481 West 159th Street Realty Corp. v. Gerlain
Jul. 13, 2006 -
Court denies landlord's motion to restore and instead dismissed illegal sublet proceeding that was inactive for a 23 month period in the absence of a reasonable excuse for such a delay.
Red Maple Corp. v. Bowles
Jul. 13, 2006 -
Court vacated probationary stipulation of settlement entered into by pro se tenant on grounds that six nonpayment proceedings in a nine year period do not form the basis for a chronic nonpayment proceeding.
Metroka v. Andrews
Jul. 12, 2006 -
Court denies landlord's motion for summary judgment holding that tenant's confinement in a nursing home or long-term health care facility is not an automatic abandonment of her rent controlled apartment.
1050 Tenants Corp. v. Lapidus
Jul. 11, 2006 -
Tenant's motion to quash the testimony of his former attorney (who represented him while an associate at his law firm) at sanctions hearing against him inasmuch as he waived the attorney-client privilege by disclosing communications with his former former counsel.
Ramirez v. Mejia
Jul. 6, 2006 -
Court denies landlord's motion to substitute new owner and compel further discovery of tenant on grounds of abandonment.
Fanny Grunberg & Assocs. v. Hershberger
Jun. 28, 2006 -
Appellate Term upholds trial court's denial of succession rights claim, deferring to its role as a fact finder.
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.
Advertisement—
Do you desire learning
as much as you can about law or crime and punishment? Many
successful lawyers and paralegals start their education through an online
paralegal school where an online
paralegal certificate helps you achieve your goals. Instead of
always reading the arrest stories, be part of them. Consider the educational
sources of National Paralegal!
