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

AGLI Realty Co. v. Sanchez
Nov. 8, 2006

Appellate Court:

Trial Court:
Civil Housing Court, New York County

Trial Judge:
Hon. Ernest Cavallo

Type of Action or Proceeding:
Holdover Proceeding -- Nuisance/Pet Clause

Issues/Legal Principles:
The Court permitted landlord to proceed with its nuisance proceeding which relied upon a predicate notice containing sparse details, however the landlord was ordered to amplify its pleadings by providing a full and complete response to tenant's Demand for a Bill of Particulars.

Source:
NYLJ 23:3 , Nov. 8, 2006

Referred Statutes:
CPLR งง3211, 3212, 3042, 3103; RPAPL ง741[4]

Summary:
The landlord commenced a holdover proceeding alleging that the tenant was harboring dogs and causing a nuisance. The predicate notice alleged "numerous letters of complaint from other tenants" and "substantial damage to the landlord's property…" The tenant answered, with several affirmative defenses and one counterclaim, and served a Demand for a Bill of Particulars. The landlord responded to the request for particulars by providing vague answers and flatly refusing to answer the requests regarding specific dates, names, and addresses claiming a risk of harassment or embarrassment.

The Court denied tenant's motion to dismiss proceeding on grounds that found that a lease date error existed on the predicate notice, holding that this error did not prejudice the tenant. However, the court did rule that the notice to cure and termination notice were defective in referring to the inapplicable sections of the lease. The Court further held that while courts have allowed non-specific termination notices to stand, they have also held that any further information about the notices could be acquired by the demand for a bill of particulars. Accordingly, the Court ruled that the tenant's requests were relevant and proper and ordered the landlord to completely answer the Demand for Bill of Particulars.

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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