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
Serres Management Inc. v. Batista
Jun. 28, 2006 -
Court stayed warrant of eviction obtained pursuant to stipulation as the delay in payment was the result of Department of Finance's refusal to issue check to the landlord as a result of his nonpayment of City taxes.
Delavan v. Spirounias
Apr. 7, 2006 -
Appellate Term upholds trial court's fact-based determination which held that the landlord demonstrated a good faith intention to recover the subject premises for personal use.
Blanca Realty Corp. v. Espinal
Apr. 5, 2006 -
Use of notice to admit to require admission or denial of “material issues or ultimate facts” is improper, as is service of notice to produce without leave of court.
Gagnier v. Alexis
Mar. 29, 2006 -
Court dismisses licensee proceeding commenced by a 10-day notice of termination as a result of letter evidencing a rent obligation establishes the existence of a landlord-tenant relationship thereby requiring a 30-day notice terminating month-to-month tenancy.
2610 Cropsey Development Corp. v. Castro
Mar. 29, 2006 -
Landlord denies landlord's claim for removal of residential tenant from commercially zoned premises to the exent that the illegal occupancy was created by the landlord and is capable of cure without removal of tenant.
Matter of Moskowitz v. Jorden
Mar. 23, 2006 -
Deceased loft tenants' estate entitled to compensation for improvements/fixtures, but estate's warranty of habitability defense would be dismissed in the absence of notice to the landlord of complained of conditions.
Kokot v. Barton
Mar. 22, 2006 -
Once sent, landlord may not rescind a rent-stabilized renewal lease offer, but rather, must leave open 60 day period for tenant to accept renewal.
Pultz v. Economakis
Mar. 21, 2006 -
Owners who claimed intent to use 5-story tenement building as single-family residence enjoined from commencing eviction proceeding based on owner occupancy without prior DHCR approval.
Matter of Jo-Fra Properties, Inc.
Mar. 20, 2006 -
Removal of Loft Board case to Supreme Court based upon "equitable defenses" rejected as Loft Law coverage is governed by statute.
Freedom Capital, LLC v. Pumillo
Mar. 17, 2006 -
Appellate Term upholds lower court's refusal to vacate the warrant of eviction as a result of tenant's attempt to tender only the stipulated arrears due and not the subsequent rent that accrued.
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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