Digital Commons Network^™

Hany Mahhmoud As Administrator Of The Estate Of Gaber Mahmoud V. Aviles

All Decisions

In this nonpayment proceeding, the court issued an Interim Order to Correct, requiring the landlord to address multiple housing code violations, including mold and a broken toilet, within specific timeframes. The court found that the uninhabitable conditions in the apartment, including the broken toilet, necessitated the issuance of a Class C violation. This order was issued without prejudice to the landlord's defenses in an anticipated Housing Part proceeding brought by the tenant.

Li-Johnson V. Sierra

All Decisions

The court granted the tenant's motion for summary judgment on the grounds of retaliatory eviction. The tenant established that she made good faith complaints to HPD about housing conditions within one year of the landlord serving a notice of termination. The landlord failed to demonstrate a non-retaliatory motive for bringing the holdover proceeding.

1245 Stratford, Llc V. Osboume

All Decisions

In this nonpayment eviction proceeding, the landlord sought to collect rent arrears for a rent-stabilized apartment. The tenant raised defenses, including illegal building alterations and lack of a valid Certificate of Occupancy. The court ruled that the landlord's failure to comply with the Multiple Dwelling Law (MDL) barred rent recovery, leading to the dismissal of the case in favor of the tenant.

East Drive Housing Development Corporation V. Lawrence

All Decisions

The landlord sought discovery sanctions and vacatur of a note of issue due to the tenant's failure to comply with discovery orders. The tenant was found to have willfully obstructed the discovery process and his answer was struck. The court also granted the landlord's motion to vacate the note of issue, finding no cooperation from the tenant and delays in the discovery process.

601 Seneca Llc V. Karczewski

All Decisions

In this holdover proceeding based on a 90-day notice of termination, the tenant challenged the landlord's claim that the building was not rent-stabilized. The tenant argued that the building was de facto rent-stabilized and part of a horizontal multiple dwelling with the neighboring building. The court granted the tenant's motion for discovery and denied the landlord's cross-motion for summary judgment. The court found that the tenant had raised valid defenses of de facto rent stabilization and horizontal multiple dwelling and that the landlord had not adequately rebutted these claims.

Topilin V. Island House Tenants Corp.

All Decisions

Plaintiff, the tenant, sought relief from a fire-related dispute involving a breach of contract, negligence, and other claims against both the cooperative and the lender. The court dismissed the case, ruling that the claims were time-barred and failing to establish a cause of action for breach of contract, negligence, or fiduciary duty. The landlord and lender were acting within their contractual rights, and the tenant's failure to maintain insurance and comply with lease obligations led to the dismissal of the claims.

New York State Div. Of Hous. & Community Renewal V. Zara Realty Holding Corp.

All Decisions

The New York State Division of Housing and Community Renewal (DHCR) and the New York State Attorney General (AG) sued Zara Realty Holding Corp. and related entities for violating rent stabilization laws, harassing tenants, and illegally collecting broker fees. The court denied the defendants' motion to compel discovery from the DHCR and AG, and granted the plaintiffs' cross-motion to compel discovery from the defendants. The court held that the DHCR and AG were not required to produce documents or witnesses for deposition, as they were acting in a law enforcement capacity. The court also determined that the defendants' discovery requests …

Dewitt Luxury Home Inc. V. Lewis

All Decisions

The landlord commenced a nonpayment proceeding against the rent-stabilized tenant, who also received Section 8 benefits. The landlord failed to plead the correct regulatory status of the apartment and failed to plead that the tenant received Section 8 benefits. The court denied the landlord's motion to amend the petition and granted the tenant's motion to dismiss, finding that the landlord's errors were fundamental and could not be corrected by amendment.

A Guide To Seeking Medical Parole For Eligible Applicants, Parole Preparation Project

All Categories

No abstract provided.

894 Belmont Avenue V. Doe

All Decisions

The landlord brought a holdover proceeding against the tenant, naming him as "Kevin Doe" despite knowing his true name. The tenant moved to dismiss the proceeding, arguing that the description of the premises was inadequate and that the use of a pseudonym was improper. The court granted the tenant's motion, finding that the landlord's failure to accurately describe the premises and use of a pseudonym deprived the court of jurisdiction.

Shan Zhang V. Mercado

All Decisions

This non-payment case concerns unpaid rent after a lease expired, where tenants retained possession but never made direct payments. The landlord's attempt to claim rental arrears based on ERAP payments and implied month-to-month tenancy was insufficient under Real Property Law § 232-c and RPAPL § 711(2), as no evidence of mutual intent for a month-to-month tenancy existed. The court granted the tenant's motion to dismiss, finding the lack of an operative lease or implied rental agreement barred the landlord from maintaining this proceeding.

Unequal Access: The Perpetual Struggle For Voting Rights And The Case Of Wisconsin, Benjamin Edelstein, Mark L. Thomsen, Atiba R. Ellis

Fordham Law Voting Rights and Democracy Forum

In this Article, we examine the transformation of Wisconsin from a state celebrated for its progressive voting laws to a focal point for stringent voting restrictions. This shift mirrors a recurring pattern in American history where progress in voting rights is often countered by strategies aimed at preserving existing power structures. We trace this pattern through American history, highlighting the role of white supremacy and structural racism in continuously reshaping the boundaries of electoral inclusion and exclusion. Wisconsin’s situation is a stark example of how contemporary legal and political tactics to limit access to the ballot box continue a long …

165 Conover Street Tenant Association V. Thompson

All Decisions

In this HP proceeding, the tenant association successfully moved for partial summary judgment to compel the landlord to correct Housing Maintenance Code violations. The court found no valid defense for the landlord's vague claims of completed repairs, which lacked supporting evidence. The landlord was ordered to correct the violations as listed in the violation status reports within statutory timeframes, and the motion to dismiss defenses was denied as moot.

Vazques V. Nostrand Iii Equities Llc

All Decisions

This HP action involves a vacate order due to building disrepair. The landlords sought an extension to complete necessary repairs and avoid civil penalties. Petitioners argued that the landlords had delayed filing permits, exacerbating the delay in repairs. The court granted the landlords' motion for an extension to complete the work by June 30, 2024. The parties will have a hearing to determine if penalties should be imposed for failure to meet the deadline. The case highlights the complexities of compliance with city building regulations and consent orders.

Decision In Art. 78 Proceeding - Coleman, Steve (2024-10-08)

Decisions in Art. 78 Proceedings

No abstract provided.

West Side Marquis Llc V. Lombard

All Decisions

In this licensee holdover case, the court granted summary judgment dismissing the petition, ruling the respondent is a rent-stabilized tenant under a valid renewal lease, not a licensee. The court found the landlord misdescribed the apartment's regulatory status, violating RPAPL § 741. After the tenant of record died, the landlord issued a renewal lease for the respondent listing both the deceased tenant and the respondent. The court held that the respondent's mother validly accepted the lease on his behalf, making the renewal binding under Rent Stabilization Code § 2523.5(a) and General Obligations Law § 5-703.

Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?

Fordham Environmental Law Review

As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …

Why We Need A Constitutional Right To Healthy Environment In Canada

Fordham Environmental Law Review

The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …

The Cost Of Training A Machine: Lighting The Way For A Climate-Aware Policy Framework That Addresses Artificial Intelligence's Carbon Footprint Problem

Fordham Environmental Law Review

While artificial intelligence (AI) has been a subject of great debate in spaces such as due process, discrimination, and privacy, an area that is lacking in legal scholarship is the technology’s environmental impact. AI promises to be a silver bullet in the increasingly urgent fight against climate change, yet it comes with a considerable cost to our planet. Current industry trends involve AI models being trained on increasingly larger datasets and training methodologies that prioritize brute-force over efficiency. Thus, as AI models increase in complexity and size, so too does the computing power—and energy—required to train and deploy them. Every …

Reb Dovid Realty Llc V. Thorne

All Decisions

In this non-payment proceeding, the landlord sought $7,417.28 in arrears from the tenant. The tenant raised defenses related to the warranty of habitability and filed counterclaims, including harassment. The court ordered the landlord to correct outstanding HPD violations, with specific timelines for different classes of violations, while reserving other claims for trial. Access for repairs was to be coordinated between the parties, ensuring safety measures due to COVID-19 were observed. The case is set for trial on October 22, 2024.

3030 Brighton Llc V. Farber

All Decisions

In this holdover proceeding, the landlord successfully established that the tenant breached a substantial obligation by failing to grant access for necessary repairs and engaged in nuisance behavior. The court dismissed the tenant's motions for dismissal and discovery, granting the landlord summary judgment for possession while permanently staying the eviction warrant, acknowledging the tenant's long-term residency and lack of further nuisance allegations after the cure notice.

Bo Hong Realty Inc. V. Butler

All Decisions

In this overcharge claim, the tenant's motion for discovery beyond the standard four-year look-back period was granted. The tenant alleged a fraudulent scheme to deregulate the apartment, pointing to discrepancies in rent registration and significant rent increases. The court ruled that the totality of circumstances supported the tenant's request for documents dating back to 2012 to explore potential fraud, noting the recent legal changes that do not require common-law fraud elements to invalidate the base date for overcharge claims.

Park View Bay Llc. V. Morales

All Decisions

In this non-payment proceeding, the court corrected a prior error by granting Tenant's motion to reargue Judge Hahn's previous denial of the respondent's motion to dismiss. Upon reargument, this court dismissed the case based on the undisputed fact that no lease was in effect when the non-payment proceeding began, referencing Fairfield Beach 9th, LLC v. Shepard-Neely. Tenant Respondent argued that the petitioner sought rent for a period after the rent-stabilized lease had expired. While some First Department courts have indicated that a non-payment case could be maintained despite the absence of a lease at the time of commencement, Judge Tovar …

Ash Ave Llc V. Wilder

All Decisions

In this licensee holdover proceeding, the court denied the tenant's motion to dismiss, upholding the landlord's subject matter jurisdiction over the case. The tenant's claims of improper service and lack of personal jurisdiction were rejected due to insufficient detail in the denial of service. Additionally, the court found unresolved factual issues regarding the tenant's status as a tenant or licensee, necessitating a trial. The landlord's cross-motion for discovery and use and occupancy was also denied due to procedural shortcomings.

Section 1983 And Voting Rights: A Case Study On The Materiality Provision And The Future Of Private Enforcement, Paul Feingold

Fordham Law Review

A recent ruling by the U.S. Court of Appeals for the Eighth Circuit stating that § 2 of the Voting Rights Act of 1965 is not enforceable by private litigants under an implied private right of action has many voting rights advocates rightfully concerned about the future of federal voting rights protections. Indeed, that ruling appears partly motivated by signals from the U.S. Supreme Court. However, not all hope is lost. In Health and Hospital Corp. of Marion County v. Talevski, the Supreme Court recently reaffirmed its Gonzaga University v. Doe test for enforcing a statute under § 1983. …

(Synthetic) Stump Speech: Crafting Generative Ai Disclosure Regulations For Political Advertisements, Alex Paget

Fordham Law Review

Synthetic media, or content generated using artificial intelligence, has begun to infect political advertising. Federal legislation has spent most of its time stalled in committees, but states and online platforms have rapidly implemented regulations. Although synthetic media may pose harms through voter manipulation and democratic distortion, it also can lower campaign costs and more vividly illustrate conceptions of a political choice’s consequences. Some governments and commentators have sought to prohibit the most harmful forms, while others have focused more on transparent approaches to regulation. In the face of yet another contentious election cycle, the question of how to ensure choices …

Writing Prompts For Parole Applicants

All Categories

No abstract provided.

Ethical Guardrails To Unbounded Procedure, Seth Katsuya Endo

Fordham Law Review

Civil lawsuits in federal courts—especially class actions and multidistrict litigation (MDL)—can be messy and complicated, calling for pragmatic interventions that lie beyond what is explicitly addressed by the existing rules. And flexibility is part of the genius of the Federal Rules of Civil Procedure. On the other hand, unbounded discretion and innovation in procedure can lead to illegitimate exercises of power, bias, democratic nonaccountability, and other serious harms. But the choice is not between providing individual courts with nearly limitless authority to experiment with procedure or having a set of rigid rules. Instead, there is a third path: district judges …

Bridging The False Certification Gap: Why “Resulting From” In The 2010 Aks Amendment Requires But-For Causation, Alexandra Wildman

Fordham Law Review

Before 2010, violators of the Anti-Kickback Statute (AKS) could avoid False Claims Act (FCA) liability if claims for items or services borne of their kickback scheme were submitted to federal healthcare programs by a third party. In 2010, as part of the Affordable Care Act (ACA), Congress attempted to close this loophole in the FCA by amending the AKS. Under the amendment’s terms, claims submitted to federal healthcare programs for items or services “resulting from” an AKS scheme are false for the purposes of establishing FCA liability, regardless of who submitted the claims.

Although the amendment widened the FCA liability …

Pibly Residential Programs, Inc. V. Rodriguez

All Decisions

The court dismissed the landlord's holdover petition because the notice of termination was defective. The notice failed to identify the former subtenant, who was the mother of the named respondent and the alleged licensor, rendering the notice vague and imprecise. The court found that this failure to identify "essential actors" and provide a clear, consistent basis for the proceeding made the notice unreasonable in light of the circumstances and prevented the tenant from preparing a proper defense. The proceeding was dismissed without prejudice, allowing the landlord to recommence the case with a new, proper predicate notice.