Housing Court Decisions

TenantNet | Housing Court Decisions Index | City-Wide Task Force on Housing Court

Housing Court Decisions

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

145 Avenue C LLC v. Kelly
Jan. 4, 2006 - Tenant of rent-stabilized apartment who accepted and immediately returned a one time payment amounting to over three times the monthly regulated rent from alleged illegal subtenant, was not found to have profiteered and as a result, did not forfeit her 20-year rent regulated tenancy.

Cashmere Realty Corp. v. Hersi
Dec. 28, 2005 - Pro se tenant's stipulation vacated and nonpayment summary proceeding dismissed where landlord wilfully fails to plead accurate regulatory status of apartment, a Section 8 tenancy, and notice to NYCHA of commencement of proceeding required by Williams Consent Judgment

190 Washington Ave. Assoc. Inc. v. Velasquez
Dec. 28, 2005 - Landlord may discontinue rent payment option, which offered big discount if rent was paid by the fifth day of each month, and charge full maximum legal regulated rent in rent stabilized renewal lease.

Matter of Baldera v. Hernandez
Dec. 28, 2005 - NYCHA's motion to dismiss Article 78 challenging termination of Section 8 benefits as time barred denied where NYCHA fails to prove first class mailings of notices required by Williams Consent Judgment.

Matter of Weinreb Management v. DHCR
Dec. 27, 2005 - DHCR Rent Administrator's issuance of order after six months of landlord's delays and five extensions was not arbitrary or capricious or a denial of due process.

Miller v. 965 Fifth Avenue Owners, Inc.
Dec. 21, 2005 - Tenant who prevailed in underlying HP action which sought and obtained a consent order for cooperative/owner to perform mold remediation may not seek legal fees from this entity without privity of contract. Tenant and shareholder afforded opportunity to jointly seek legal fees from owner upon completion of mold remediation.

Sage Franklin LLC v. Cameron
Dec. 21, 2005 - Court restores tenant to possession of premises and holds that four year statute of limitations does not bar examination of overcharge claim where a genuine allegation of fraud exists.

Matter of Rizzo v. New York State Div. of Hous. & Community Renewal
Dec. 21, 2005 - In reviewing DHCR's order permitting landlord to recover part of "underoccupied" rent-controlled apartment, based on unprofitability of building, court could not consider subsequent decontrol of another apartment due to tenant's death.

Neighbors of Watertown Inc. v. Pearson
Dec. 21, 2005 - Court held that written and oral rent demand(s) were sufficient to serve as predicate notices insofar as they fairly afforded tenant actual notice of the alleged amount due and the period for which the rent demand is made.

Gardner v. Smith
Dec. 21, 2005 - Tenant, who was displaced from her family home of thirty-eight years following a fire, is restored to possession by the Court who further awarded a judgment of possession as against new tenant/third party respondent.

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Search will only search cases from June 2002. For cases prior to that, please browse the 1996-2002 archives:

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1996

About HCD

NYC Housing Court
When you get legal papers, go here to see how Housing Court is supposed to work.

The Legal System
Some perspective might help in court.

Self Help: Nolo Press
Selected articles from Nolo Press

Other Sources
PrairieLaw House/Home Channel

City-Wide Task
Force on
Housing Court
Housing Court
Fact Sheets

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About TenantNet Housing Court Decisions
New York City landlord-tenant disputes generally fall into three categories:

Non-payments where the tenant has not paid rent;
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:

Rent Regulation
Covering both Regulated and Non-regulated apartments
- New York State Real Property Law (RPL)
- New York State Real Property Actions and Proceedings Law (RPAPL)
- New York State Multiple Dwelling Law (MDL)
- New York City Housing Maintenance Code
- 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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