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.
Teachers College v. Kadhi-Smith
Mar. 8, 2006 -
Court denies tenant's motion to dismiss proceeding on grounds that predicate termination notice served by not-for-profit educational institution was deficient insofar as it sets forth an actual reason as the basis for termination, i.e. that it sought recovery of the subject premises so it could hire additional faculty/staff.
87 Realty LLC v. Shoshensky
Mar. 2, 2006 -
Appellate Term upholds lower court's dismissal of nuisance holdover proceeding holding that complaints of odors clustered in a limited two week time period did not rise to a pattern of continuity or recurrence of objectionable conduct.
480-486 Broadway LLC v. No Mystery Sound, Inc.
Feb. 16, 2006 -
Commercial tenant's motion for pre-trial discovery of landlord so as to prove a horizontal multiple dwelling is granted upon a showing of shared lot and block, common ownership, common heating system together with uncontraverted proof that the subject premises was utilized as a residential unit from the commencement of the tenancy.
2722 8th LLC v. Watson
Feb. 15, 2006 -
Apartments in renovated building remain rent stabilized until DHCR grants owner's application for an order exempting building from rent stabilization due to substantial rehabilitation.
Riley v. Raphael
Feb. 8, 2006 -
Owner occupancy proceeding which relies on a termination notice that merely tracks statutory language and fails to set forth specific facts in support of the owner's intention to reside at the subject apartment is dismissed with prejudice.
Zaccaro v. Freidenbergs
Feb. 1, 2006 -
Tenant occupying basement area of duplex apartment not held to be a violation of certificate of occupancy and even in the event of a violation, Court held that landlord failed to establish that certificate is incapable of amendment.
4966 Broadway Realty Corp. v. La Rosa
Feb. 1, 2006 -
Appellate Term holds that strict enforcment of second probationary stipulation settling chronic nonpayment proceeding is required following a finding that future compliance would be impossible.
1225 Realty Corp. v. Bethea
Feb. 1, 2006 -
Tenant entitled to a mandatory ten day post judgment right to cure failure to provide access to landlord for the purpose of effectuating necessary repairs.
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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