Alan J. Goldberg, Esq.
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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

Cooper v. New York City Housing Authority
Oct. 18, 2006

Appellate Court:
Appellate Division, Second Department

Trial Court:
 Civil Court, Queens County

Trial Judge:
 Hon. Stephen Gottlieb

Type of Action or Proceeding:
 Appeal

Issues/Legal Principles:
 Appellate Division holds that landlord is not entitled to Section 8 rental assistance payments in two instances: 1) where subsidy was terminated as a result of a failed inspection; and 2) where a subsidy is sought for a period that the unit was unoccupied by the tenant.

Source:
 NYLJ, 42:4 , Oct. 18, 2006

Referred Statutes:
 none cited

Summary:
 Landlords commenced an action against NYCHA in an attempt to recover Section 8 rental assistance payments allegedly owed for two tenants. NYCHA moved for summary judgment wherein it set forth that in one of the cases, it notified the landlord that the tenant's apartment failed inspection and that the subsidy would be terminated in the absence of a showing that the specified conditions were corrected, inspected and approved. In the second case, NYCHA demonstrated that the subsidies were in fact paid up to the point where that tenant was transferred to another unit. Thereafter, the lease expired and a holdover proceeding was commenced and ultimately, the tenant vacated the subject apartment. NYCHA calimed that under the terms of the rental assistance contract, it was only obligated to make assistance payments for a term during which the unit is leased or occupied. The lower court denied NYCHA's motion for summary judgment, resulting in the instant appeal. On appeal, the Appellate Division reversed holding that the landlord failed to raise a triable issue of fact and granted NYCHA's motion for summary judgment dismissing the complaint.

Notes:

Decision:

 
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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:

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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