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
Pultz v. Economakis
Feb. 15, 2007 -
Owner does not require DHCR approval to seek possession of all rent stabilized units in a building for use by owner and/or owner's immediate family as their primary residence within the City of New York.
Hodes v. Vermeer Owners, Inc.
Nov. 15, 2006 -
Automatic debits of tenant's bank account by landlord require advance notice of the amount to be deducted.
Huffman v. 214 21st Street Realty
Nov. 9, 2006 -
The Civil Court lacks the jurisdiction to issue vacate orders, but does have the authority to order violations corrected.
AGLI Realty Co. v. Sanchez
Nov. 8, 2006 -
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.
M.S. Housing Associates v. Williams
Nov. 3, 2006 -
Court held that it lacks the power to unseal sealed criminal records in drug holdover proceeding.
Torres v. Torres
Nov. 2, 2006 -
The Court held that it continues to have subject matter jurisdiction despite the tenant's vacatur of the apartment following the commencement of nonpayment proceeding.
Skyview Holdings LLC v. Cunnningham
Oct. 24, 2006 -
The court held that an additional 5 days is not required when mailing a notice of nonrenewal (golub notice).
Cooper v. New York City Housing Authority
Oct. 18, 2006 -
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.
Warnock v. Visconti
Oct. 18, 2006 -
The Court denies landlord's motion for discovery in the form of a deposition of elderly tenant with multiple medical conditions but provided for interrogatories with responses to 4 of the landlord's 55 categories of documentary requests.
Pardy v. Bradshaw
Oct. 18, 2006 -
The court held that a "so ordered" stipulation between the parties containing a release from all liability was binding and resolved all damage claims.
Browse pages:
Search will only search cases from June 2002. For cases prior to that, please browse the 1996-2002 archives:
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:
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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