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

Malik v. Hillside Clearview Apartments Realty LLC
Sep. 4, 2002

Appellate Court:

Trial Court:
 Civil Housing Court, Queens County

Trial Judge:
 Hon. Brown

Type of Action or Proceeding:

Issues/Legal Principles:
 When landlord locks tenant out of apartment, landlord cannot argue that tenant either abandoned or surrendered the apartment because the two allegations are contradictory.

Source:
 NYLJ, page 22, col 3, Sep. 4, 2002

Referred Statutes:
 RPAPL 853

Summary:
 The tenants leased the apartment for one year then renewed for two years. On July 2, 2002, the tenants conversed with the managing agent about vacating the apartment on July 15, 2002. They had paid all rent through July. They started to move out, but when they returned to the apartment on July 8, 2002, they discovered the locks had been changed and they were locked out. The landlord claimed that the tenants had either surrendered the apartment or abandoned the apartment. The judge said that these two theories are inconsistent and contradictory. The lease was in effect through October and the tenants had paid all rent through July. Therefore, until the tenants actually turned in their keys, the landlord had no right to change the locks. The court ordered the tenants restored to possession and set the manner down for a hearing on the issue of the tenants' damages.

Notes:
 Presumably, the tenants do not really want to be restored to possession since they have already moved out much of their stuff. But the court's finding of an illegal lock-out will allow them to collect damages. Most likely (although the case did not specify) the damages they seek pertain to hiring a moving company from being unable to completely move, and legal fees.

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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