Housing Court Decisions

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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

Huffman v. 214 21st Street Realty
Nov. 9, 2006

Appellate Court:

Trial Court:
Civil Housing Court, Kings County

Trial Judge:
Hon. Gonzalez

Type of Action or Proceeding:
HP Action

Issues/Legal Principles:
The Civil Court lacks the jurisdiction to issue vacate orders, but does have the authority to order violations corrected.

Source:
NYLJ 24:1, Nov. 9, 2006

Referred Statutes:
CCA §110, 28 RCNY §18-01, 22 NYCRR §26-101, 22 NYCRR 27-2139(b)

Summary:
Tenant commenced HP action against landlord to correct violations of record for the building including four Class C lead paint violations. The tenant and her two children were the only remaining residents of the building. The landlords began renovations of the building and the Department of Buildings issued a violation for demolition without a permit. The landlords answered tenant's petition by stating that they were ready to completely renovate the building and seeking an order to relocate the tenant. Both the Department of Buildings and DHPD inspected the building and neither issued an order to vacate the building. At trial, both sides presented engineers who disagreed on whether or not the building could be renovated without vacating the building. The court noted that the landlord did not show that the extensive renovations were based entirely on need, but also noted that the tenant's apartment was not safe for her and her children. The court found that while it has the authority to issue injunctions and restraining orders for the enforcement of housing standards, the issuance of a vacate order would be beyond the jurisdiction of the Civil Court. As the tenant was willing to temporarily vacate to another apartment within the building, the Court ordered the landlord to renovate the tenant's apartment and to place her in a freshly renovated unit during the renovation process.

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:

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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