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Matter Of Mantilla V. New York City Dept. Of Hous. Preserv. & Dev. Sep 2024

Matter Of Mantilla V. New York City Dept. Of Hous. Preserv. & Dev.

All Decisions

The landlord challenged the tenant's succession rights to a Mitchell-Lama apartment. The tenant argued that he resided with his brother in the apartment for at least one year prior to the brother's death. The court found that the tenant failed to provide sufficient documentation to establish primary residency. The court upheld the landlord's denial of the succession rights application.


1267 Rogers Ave. Llc V. Morgan Sep 2024

1267 Rogers Ave. Llc V. Morgan

All Decisions

In this nonpayment proceeding, the landlord's motion to reargue a prior decision granting summary judgment in favor of the tenant and dismissing the case was denied. The court found that the landlord failed to comply with the Rent Stabilization Code by not registering the latest rent with the DHCR, thus preventing the landlord from collecting rent until the issue was remedied. The landlord's arguments were rejected, and the tenant's counterclaims remained viable.


Bronx 1134 W. Farm Rd. Lp V. Arriaga Sep 2024

Bronx 1134 W. Farm Rd. Lp V. Arriaga

All Decisions

The tenant in a rent-stabilized apartment sought to amend their answer to raise warrant of habitability and overcharge defenses. The landlord opposed the overcharge defense. The court granted the tenant's motion to amend to include the warrant of habitability defense but denied the motion to include the overcharge defense. The court found that the tenant failed to adequately plead the existence of a fraudulent scheme to deregulate the apartment.


Matter Of P & I Prop., Llc V. Commissioner, State Of N.Y., Div. Of Hous. & Community Renewal (Dhcr) Sep 2024

Matter Of P & I Prop., Llc V. Commissioner, State Of N.Y., Div. Of Hous. & Community Renewal (Dhcr)

All Decisions

The landlord sought review of an $8,000 DHCR penalty for failure to repair a rent-stabilized apartment as directed. Despite the landlord's claim that the tenant refused access for repairs, the DHCR found the refusal not improper. The court ruled the penalty was neither disproportionate nor shocking, and it represented the minimum allowed under Rent Stabilization Code ยง 2526.2(c)(1). The landlord's petition was denied, and the case dismissed.


Big Apple Corp. V. Merin Sep 2024

Big Apple Corp. V. Merin

All Decisions

The landlord initiated a nonpayment proceeding against the tenant seeking a money judgment of $30,172.34 and possession of the subject premises. The tenant interposed an answer with a defense and counterclaim of breach of the warranty of habitability. After a trial, the court awarded varying abatements for conditions and reduced tenant's liability to $3,324.82 in rent arrears and awarded judgment to the landlord for eviction once the arrears are paid according to the deadline. The court also ordered the landlord to correct outstanding HPD violations within specified timeframes. The court's decision is noteworthy because it describes standards of evidence.


178 E. 70th St. Llc V. Woodward Sep 2024

178 E. 70th St. Llc V. Woodward

All Decisions

In this non-primary residence holdover case, the landlord sought to evict the tenant of record. The tenant's son asserted succession rights and ultimately prevailed after a 14-year legal battle. The court dismissed the eviction proceeding, recognizing the son's right to succeed to the tenancy. Subsequently, the son sought attorney's fees as the prevailing party. The court awarded $53,145 in attorney's fees and costs, including fees for the son's pro se work at a paralegal rate. This decision notably allows for attorney's fees to be awarded to a successful pro se litigant in a housing court case.


Renaissance Equity Holding Llc V. Riley Sep 2024

Renaissance Equity Holding Llc V. Riley

All Decisions

The landlord filed a nonpayment proceeding seeking $41,176.75 in rent arrears dating back to January 2020. The tenant was granted leave to file a late answer. The court granted partial summary judgment on the tenant's laches defense, finding the landlord unreasonably delayed in bringing the case. The court limited the proceeding to only the most recent 6 months of rent, severing the remaining $30,385.15 in older arrears for a plenary action. This significantly reduced the amount the landlord could potentially recover in the summary proceeding.


Administrative Appeal Decision - Li, Shu Hung (2022-08-05) Aug 2024

Administrative Appeal Decision - Li, Shu Hung (2022-08-05)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Britton, Brian (2023-01-30) Aug 2024

Administrative Appeal Decision - Britton, Brian (2023-01-30)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Claudett, Michelt (2022-12-15) Aug 2024

Administrative Appeal Decision - Claudett, Michelt (2022-12-15)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Knapp, Albert (2022-09-29) Aug 2024

Administrative Appeal Decision - Knapp, Albert (2022-09-29)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - West, Alexander (2022-06-21) Aug 2024

Administrative Appeal Decision - West, Alexander (2022-06-21)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Ruela, Jose (2022-09-29) Aug 2024

Administrative Appeal Decision - Ruela, Jose (2022-09-29)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Quinn, Robert (2022-06-21) Aug 2024

Administrative Appeal Decision - Quinn, Robert (2022-06-21)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Sharma, Shiva (2022-07-18) Aug 2024

Administrative Appeal Decision - Sharma, Shiva (2022-07-18)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Brown, Kilroy (2022-06-21) Aug 2024

Administrative Appeal Decision - Brown, Kilroy (2022-06-21)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Santiago, Felix (2023-03-14) Aug 2024

Administrative Appeal Decision - Santiago, Felix (2023-03-14)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Vanetten, Deborah (2022-06-21) Aug 2024

Administrative Appeal Decision - Vanetten, Deborah (2022-06-21)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Costa, Louis (2022-09-29) Aug 2024

Administrative Appeal Decision - Costa, Louis (2022-09-29)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Hanks, Lee (2023-03-14) Aug 2024

Administrative Appeal Decision - Hanks, Lee (2023-03-14)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Lawyer, Daniel (2022-08-05) Aug 2024

Administrative Appeal Decision - Lawyer, Daniel (2022-08-05)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Foley, James (2023-03-14) Aug 2024

Administrative Appeal Decision - Foley, James (2023-03-14)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Morrison, Christopher (2022-04-04) Aug 2024

Administrative Appeal Decision - Morrison, Christopher (2022-04-04)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Desarno, Salvatore (2023-03-14) Aug 2024

Administrative Appeal Decision - Desarno, Salvatore (2023-03-14)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Ruckdeschel, Edward (2023-03-14) Aug 2024

Administrative Appeal Decision - Ruckdeschel, Edward (2023-03-14)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Maisonett, Richard (2023-03-14) Aug 2024

Administrative Appeal Decision - Maisonett, Richard (2023-03-14)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Darton, Christopher (2023-03-14) Aug 2024

Administrative Appeal Decision - Darton, Christopher (2023-03-14)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Hicks, Tahjer (2022-03-28) Aug 2024

Administrative Appeal Decision - Hicks, Tahjer (2022-03-28)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Lee, Darryl (2023-03-14) Aug 2024

Administrative Appeal Decision - Lee, Darryl (2023-03-14)

Parole Administrative Appeal Decisions

No abstract provided.


Administrative Appeal Decision - Mccray, Joseph (2023-03-14) Aug 2024

Administrative Appeal Decision - Mccray, Joseph (2023-03-14)

Parole Administrative Appeal Decisions

No abstract provided.