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
Babylon Village Equities v. Mitchell
Mar. 17, 2006 -
Appellate Term modifies lower court's award by vacating possessory judgment and dismissing proceeding and as a result, holds that landlord is not the prevailing party entitled to legal fees.
Kennedy Plaza, LLC v. Powell
Mar. 17, 2006 -
Appellate Term dismisses appeal of trial court's imposition of sanctions on landlord's attorney for filing false non-military affidavits.
Valentino v. Reyes
Mar. 16, 2006 -
Landlord's ex-paramour was licensee whose license expired when the relationsip ended and landlord asked her to leave.
Corastor Holding Co. Inc. v. Mastny
Mar. 16, 2006 -
Appellate Term denies tenant's motion to dismiss landlord's appeal of lower court's determination that subject premises is protected by the rent stabilization and Loft Laws as a result of landlord's subsequent commencement of a nonpayment proceeding prior to perfecting the instant appeals wherein landlord alleged that premises are subject to Loft Law.
Riverside NY LLC v. Peralta
Mar. 16, 2006 -
Court denies landlord's motion for discovery of tenant and alleged subtenants to the extent that the document demand was overly broad and unrelated to the allegation of illegal sublet as opposed to a nonprimary residency proceeding and only permitted a pre-trial deposition of tenant on issues relevant to the claim of subletting.
Harounian v. Tofte
Mar. 15, 2006 -
Tenant credibly testified that she maintained the subject premises as her primary residence notwithstanding her ownership of a home in Staten Island that was purchased for the exclusive use of her husband.
Graham Court Owners Corp. v. Green
Mar. 15, 2006 -
Appellate Term upholds trial court's award of overcharges and treble damages in the absence of any documentary and/or testimonial evidence by the landlord supporting its claim of individual apartment improvements.
Valley Dream Housing Co., Inc. v. Lupo
Mar. 9, 2006 -
Appellate Term upholds dismissal of licensee proceeding in the absence of a formal surrender by the tenant of record.
Martine Associates, LLC v. Linda Donahoe
Mar. 9, 2006 -
Appellate Term upholds lower court's dismissal of holdover petition alleging that tenant failed to execute renewal lease because landlord did not serve notice to cure and instead proceeded on a 15-day notice of termination.
Kosa v. Legg
Mar. 8, 2006 -
Court finds termination notice of indefinite, month to month tenancy for common law ejectment action requires six month notice
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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