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- Housing; housing law; housing court; landlord; tenant; summary eviction proceedings; Fair Debt Collection Practices Act; implied warranty of habitability; clean hands requirement; right to counsel; prefiling alternatives; notice to quit; serial eviction filings (1)
- Judicial deference; landmark; historic district; preservation; Landmarks Preservation Commission; LPC; New York City; Grand Central Terminal; New York Landmarks Law; Penn Central Transportation Company v. The City of New York; Real Estate Board of New York; REBNY; historic preservation; zoning; Article 78; hard look approach; arbitrary and capricious standard; certificate of appropriateness; gentrification; housing shortage; housing crisis; regulatory capture; urban development; landmark demolition (1)
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Articles 1 - 3 of 3
Full-Text Articles in Housing Law
Summary Eviction Proceedings As A Debt Collection Tool: How Landlords Use Serial Eviction Filings To Collect Rent, Grace Vetromile
Summary Eviction Proceedings As A Debt Collection Tool: How Landlords Use Serial Eviction Filings To Collect Rent, Grace Vetromile
Brooklyn Law Review
This note explores how landlords use housing court as a debt collection tool, impacting the rights of tenants and their ability to fairly adjudicate claims in summary eviction proceedings. Disparities in the number of evictions that are filed, as compared to evictions that are ultimately executed, indicate that landlords do not always use eviction proceedings to kick out a tenant, but rather as a method of debt collection. Using these proceedings in this manner affects a tenant’s ability to defend against eviction, even when the tenant has meritorious claims that their landlord did not provide a habitable apartment. This note …
Balancing Preservation With Growth: How Less Judicial Deference To Decisions Made By The Landmarks Preservation Commission Can Save New York City, Amy Cushman
Brooklyn Law Review
The New York City Landmarks Law of 1965, envisioning the preservation of historical treasures, empowered the New York City Landmarks Preservation Commission (LPC) with the authority to designate and regulate landmarks and historic districts. Originally established in response to public outcry over the loss of iconic architectural structures, the LPC aimed to safeguard the city's cultural, social, and architectural legacy. However, this note contends that recent LPC decisions, particularly the issuance of Certificates of Appropriateness for luxury residential construction involving partial demolition of landmarks, betray the original preservation goals. Delving into the legal recourse available under the New York Civil …
Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser
Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.