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
2013 Amsterdam Ave. Housing Associates v. Estate of Wells
Jan. 31, 2006 -
Tenant's failure to list daughter on annual recertification form does not result in automatic denial of succession rights claim in the face of credible trial testimony establishing co-occupancy during the relevant two year period.
South Pierre Associates v. Mankowitz
Jan. 18, 2006 -
Court awards succession rights to gay man who demonstrated an emotional and financial interdependance as remaining family member following a 10 year co-occupancy at the subject premises.
Community Housing Innovations, Inc. v. McKee
Jan. 18, 2006 -
Landlord vitiates notice of termination resulting in dismissal of petition by accepting rent for period following termination of tenancy and prior to commencement of proceeding.
K.C. Dawkins v. Ruff
Jan. 16, 2006 -
Appellate Term vacates stipulation that obligates Section 8 tenant to pay both her portion of the rent as well as the Section 8 subsidy in the absence of a new agreement with the landlord
Georgia Properties, Inc. v. Woods
Jan. 12, 2006 -
Appellate Term upholds lower court's limitation of landlord's request for discovery in succession rights case to the two year period prior to the prime tenant's permanent vacatur.
Haruvi v. Rosen
Jan. 5, 2006 -
Appellate Term upholds lower court's dismissal of owner occupancy proceeding on grounds that the notice of nonrenewal was fatally insufficient insofar as it contained nothing more than barebones allegations concerning the landlord's intention to reside at the subject premises.
Gidina Partners LLC v. Marco
Jan. 5, 2006 -
Appellate Term reverses lower court's determination that landlord waived its right to enforce the no-pet clause in lease agreement as a result of tenant's failure to satisfy the critical element that his dog was kept openly and notoriously at the subject premises.
Goldman v. Rosen
Jan. 5, 2006 -
Landlord awarded attorney's fees and interest incurred both in the Civil Court proceeding and in motions decided in Supreme Court, as a result of seeking possession and use and occupancy of the subject premises.
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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