Digital Commons Network^™

Persaud V. Price

All Decisions

In this licensee holdover in an allegedly unregulated apartment, the court grants a pre-answer motion to dismiss the petition, which pleaded alternate theories of respondent's relationship to the premises—namely that respondent was a licensee or a tenant at will and/or sufferance. The court found that this demonstrated a lack of 'diligent effort to ascertain the nature of the occupants' possession,' which was 'unreasonable under the circumstances.'

336 Grand Concourse Llc V. Miranda

All Decisions

In this nonpayment proceeding, tenant moved to amend her answer and to dismiss the petition on the grounds that the amount demanded had been paid in full. The court granted leave to amend the answer, finding the proposed amendments were neither patently meritless nor prejudicial. The court dismissed the petition, finding that the amount demanded had been paid even accounting for agency payment earmarking rules under RPAPL §731(4), leaving only post-petition arrears outstanding. Landlord's cross-motion to amend the petition to add post-petition arrears was denied as moot, as the proposed amendment sought rent already paid and bore no meaningful relation …

Marcus Garvey Preservation Llc V. Chappelle

All Decisions

In this nuisance holdover involving an allegedly problematic dog, the court grants the tenant's motion by Order to Show Cause and dismisses the petition for failure to state a cause of action because the landlord failed to serve the VAWA notice of occupancy rights—required by applicable HUD regulations—along with the predicate notice of termination. The court observes that 'while some irregularities in a predicate notice may be overlooked, the failure to append a federally required notice to the notice of termination is not a mere irregularity.'

Kopfstein V. Hall

All Decisions

In this holdover proceeding, tenant raised de facto rent stabilization as a defense, citing HPD violations indicating the building contains more than six units and is therefore subject to the Rent Stabilization Law. The court held that HPD violations regarding occupancy constitute prima facie evidence of the existence of more than six units, and that landlord failed to contest this allegation. The holdover proceeding was dismissed. Tenant's request for an order to correct HPD violations was denied without prejudice to the commencement of an HP proceeding before the appropriate specialty part. Note: party first names are not legible in the …

Persaud V. Price

All Decisions

Landlord filed a holdover proceeding using alternative grounds: (1) former owners or licensees under RPAPL §713, with a 10-day notice to quit; and (2) tenants at will or by sufferance under RPAPL §228, with a 30-day termination notice. Both notices included a GCEL notice. The court dismissed the proceeding, holding that alternative pleading is prejudicial where it results in conflicting termination notices with different vacate dates, and that landlord made no effort to ascertain the true nature of tenants' possession prior to commencing the proceeding.

Ai El Realty Corp V. Maquilan

All Decisions

In this nonpayment proceeding, the court granted tenant's motion for an interim order to correct on landlord's default. There were 68 open HPD violations — 19 Class A, 26 Class B, and 23 Class C — in the apartment, plus 5 Class B common-area violations. Landlord failed to interpose any cognizable defense. Failure to gain access is not a defense to an order to correct, per D'Agostino v Forty-Three E. Equities Corp., 12 Misc 3d 486 (Civ Ct NY 2006). Corrections ordered within statutory time frames upon first access.

291 Fountain, Llc V. Prince

All Decisions

In this nonpayment proceeding, the court grants the tenant's motion to amend the answer and for discovery on the issue of rent overcharge. The court holds that unexplained increases in rent and missing registrations in the DHCR rent history 'impugned' the reliability of the rent, and the facts set forth in the supporting documents raised a 'colorable' claim of fraud.

Vivid Realty Llc V. Jones

All Decisions

In this nonpayment proceeding involving a HUD-assisted unit, tenant moved pursuant to CPLR §408 for discovery of her tenant file and for an order to correct HPV violations at the premises. On discovery, the court held that tenant established ample need, citing the HUD Handbook Chapter 5 requirement that tenant files be available for tenant review; the court noted this right is not limited by CPLR §408's ample need standard, which is more readily established when a tenant must resort to a court motion to access her own file. All requested documents pertained directly to the central issue of rent …

Wangdu V. Kengmeni

All Decisions

In this civil action by a former landlord against former tenants for use and occupancy, the court reduced the judgment to account for the tenants' warranty of habitability counterclaim, finding that the basement of the single-family rental was uninhabitable for a significant period of time.

Dept Of Hous. Preserv. & Dev. Of The City Of N.Y. V. Silvershore Props. 95 Llc

All Decisions

In this HP proceeding brought by HPD for repairs, penalties, and harassment, the court issues a lengthy decision involving a consent order signed by landlords' attorney (Ben Epstein), by which landlords agreed to pay $37,500 in civil penalties, with a provision allowing entry of a $375,000 judgment upon default. After landlords defaulted and judgment was entered, two named respondents moved to vacate the consent order claiming their attorney lacked authority. The court denies the motion, finding the attorney had apparent if not actual authority, and permits service upon the business address filed with HPD pursuant to CCA § 110(m). The …

Chun Ying Zhang V. Liya Wang

All Decisions

In this GCEL no-grounds nonrenewal holdover, the court granted reargue but adhered to its prior order dismissing the petition. The landlord, claiming the small landlord exemption, had failed to provide direct and beneficial ownership information required by RPAPL § 741(5-b). The court found the motion to reargue was effectively a motion to amend an already-dismissed petition and therefore failed to satisfy CPLR 2221, which requires showing that the court misapprehended the facts or law.

Briarwood Affordable, Llc V. Flowers

All Decisions

In this nonpayment proceeding, the court dismissed the petition for failure to plead landlord's receipt of a Division of Alternative Management Programs (DAMP) and Article XI of the Private Housing Finance Law tax incentive administered by HPD, as required by RPAPL §741(4). The omission was prejudicial to tenant because the undisclosed regulatory agreement restricted the monthly rent landlord could legally charge and hampered tenant's ability to determine whether the legal regulated rent was correct. Amendment was not permitted upon a finding of prejudice.

Windermere Owners, Llc V. Tarantino

All Decisions

In this rent-stabilized holdover for failure to sign a renewal lease, the court grants respondent's motion to dismiss because the lease offer was improper: the landlord did not truly offer the option of choosing a one- or two-year term, the proposed lease was on a form not approved by DHCR, and the landlord instructed respondent to return the lease within 10 days (contrary to the RSC). The court rejects respondent's argument that she is not obligated to sign a lease as a rent-stabilized SRO tenant, and denies her motion to consolidate for failure to identify common issues of law and …

Dept Of Hous. Preserv. & Dev. Of The City Of N.Y. V. 2647 Broadway Apts Llc

All Decisions

In this HP action, a judgment of over $2 million was entered in August 2025 after respondents, then represented by Green & Cohen, failed to comply with multiple court orders. Belkin Burden took over and moved to vacate in December 2025, claiming due process violations. The court denies the motion, reiterating the broad powers of the Civil Court to enforce the Multiple Dwelling Law and housing maintenance code, and noting that respondents had multiple opportunities to put forth defenses.

East 93rd St Associates Lp V. O'Garro

All Decisions

In this nonpayment proceeding, the court grants respondent's motion for summary judgment on the rent-impairing violation (RIV) defense, holding that proof of notice to the landlord—not proof that HPD actually mailed the notice of violation—is all that is required under MDL § 302-a. This represents a departure from recent housing court decisions that have interpreted the statute to require tenants to prove HPD actually mailed the notice.

San-Dar Associates V. Palin

All Decisions

In a GCEL holdover proceeding, the court found for the landlord on two grounds of good cause: nonpayment of rent and tenant's repeated refusal to allow access for repairs to water- and fire-damaged floors despite multiple relocation offers. The court held that GCEL nonpayment holdovers do not require a detailed rent accounting in the predicate notice, that GCEL provides no pre-filing opportunity to cure unlike nonpayment proceedings, and that RPL § 235-e[d] does not apply to GCEL holdovers. Tenant's warranty of habitability defenses failed for lack of evidence.

Dartmouth Realty L.P. V. Gray

All Decisions

In this nonpayment proceeding, the court grants respondent's motion to amend the answer and for discovery, but limits discovery to documents going back to 2011 (not 1988 as requested), on the illegal deregulation issue. Despite the court's acknowledgment of numerous strong facts establishing a colorable claim of fraud, it appears that Judge Cohen granted discovery only on the illegal deregulation issue and not on the rent overcharge claim.

29-28 41st Ave. Owner Llc V. Parzinger Design Inc.

All Decisions

In this nonpayment proceeding, the court denied the tenant's motion for summary judgment and granted the landlord's cross-motion to amend its petition. The tenant argued the landlord could not recover arrears under expired leases per RPAPL § 711(2) and that the predicate Good Cause Eviction Law (GCEL) notice was defective. The court held that arrears under prior leases are recoverable if the landlord-tenant relationship was not severed, as renewals extend the existing tenancy. The court also ruled that a defective GCEL notice is a ministerial error, amendable, and not fatal to a nonpayment proceeding, as it does not prejudice the …

West Farms Estates Co. V. Miranda

All Decisions

In this non-payment proceeding, the tenant sought to vacate a two-attorney stipulation of settlement, alleging unconscionability and improper calculation of arrears after losing her Project Based Section 8 subsidy for refusing to downsize. The court denied the tenant's post-judgment motion, emphasizing the high standard to vacate a two-attorney stipulation. It found the tenant failed to prove unconscionability, as both parties were aware of the rent increase due to her refusal to downsize, and she had waived defenses by settling. The court upheld the stipulation and denied vacatur, granting the landlord a substantial win.

Ihy Van Nest Llc V. Enriquez

All Decisions

A landlord initiated a licensee holdover proceeding against a tenant for an allegedly unregulated apartment. The court granted the tenant's pre-answer motion to interpose a late answer, citing a reasonable excuse and meritorious defenses, and noting RPAPL § 743 allows an answer at any time the petition is heard. The court also granted the tenant's motion to dismiss the petition for the landlord's failure to strictly comply with RPAPL § 741(5)(a) regarding the Good Cause Eviction Law (GCEL). The landlord's notice mistakenly claimed an exemption from GCEL applicable only outside New York City and failed to cross-move to amend, leading …

One Man's Trash: Spent Fuel Recycling As A Path Forward For The U.S. Nuclear Energy Industry, Wilson Barlow

Fordham Environmental Law Review

The U.S. nuclear energy industry currently operates using an open fuel cycle in which uranium is mined for fuel, used in reactors once, and then disposed of. The alternative is a closed fuel cycle where spent nuclear fuel from reactors is reprocessed and reused. As the modern-day nuclear industry seeks to expand, the shortcomings of the closed fuel cycle are becoming apparent and may stifle further growth. This Note explores a series of historical events and policy choices dating back to the early days of the country’s nuclear industry to explain why the United States currently has an open fuel …

Urban Horizons Housing Development Fund Corporation V. Graciano

All Decisions

In this nonpayment summary proceeding, the tenant moved to amend her pro se answer, which the court granted. The landlord cross-moved to amend the petition to date and to include the premises' regulatory status. While the petition initially stated the premises was rent-stabilized, it omitted a crucial Amended and Restated Affordable Housing Regulatory Agreement with DHPD, impacting rent levels and tenant rights. The court denied the landlord's request to amend the petition to include this regulatory agreement, finding it a material omission involving a substantial tenant right that could implicate overcharge claims. The landlord's request to amend for post-petition rent …

Dept Of Hous. Preserv. & Dev. Of The City Of N.Y. V. Parnes

All Decisions

In this HP action, the court grants HPD's motion for civil contempt and civil penalties after the landlord failed to comply with a so-ordered stipulation requiring roof repair on a 60-unit building. The landlord's arguments of economic infeasibility and inability to access units were rejected. The court imposed a contempt fine, attorneys' fees, a $60,000 AEP penalty, and an additional $257,770 in civil penalties.

Hernandez V 975 S Llc

All Decisions

In this rent overcharge case, the court grants the plaintiffs' motion for summary judgment, finding the landlord was not entitled to charge a first rent under DHCR Operational Bulletin 95-2. Although the landlord combined parts of two adjacent rent-stabilized apartments through gut renovation, the court holds the prior apartment's essential character and function remained intact — the perimeter walls were not substantially changed and the modifications did not meet the reconfiguration-plus-obliteration standard. The court denies treble damages and appoints a Special Referee to calculate the legal regulated rent and overcharge amount.

Lopez V. Evergreen Terrace Llc

All Decisions

In an HP proceeding following a fire and vacate order, the court denied the landlord's motion to vacate a default order directing repairs and to dismiss the petition. While the court accepted law office failure as a reasonable excuse for the default, it found the landlord lacked a meritorious defense. The landlord's intent to demolish the rent-stabilized building for financial reasons, without demonstrating economic infeasibility or that the building was effectively demolished, does not relieve the landlord of the obligation to repair or serve as a defense to an Order to Correct. The Order to Correct, requiring repairs within 90 …

Bns Bldgs., Llc V. Thomas

All Decisions

In this nonpayment proceeding, the court grants respondent's motion for discovery with respect to the apartment's rent regulatory status. The court finds that respondent demonstrated ample need based on the DHCR rent history, which showed indicia of fraudulent deregulation.

From Claiborne To Climate: Anti-Esg Boycott Legislation And Corporate First Amendment Rights, Ingrid Tjendro

Fordham Law Review Online

Since 2021, at least twenty-one states have enacted laws targeting financial institutions and companies that incorporate environmental, social, and governance (ESG) considerations into their business practices. This Comment examines the First Amendment implications of one specific category of such legislation—state anti-ESG boycott statutes—and argues that they constitute an unconstitutional suppression of protected corporate speech and association.

Drawing on traditional anti-boycott jurisprudence, including NAACP v. Claiborne Hardware Co. and Rumsfeld v. Forum for Academic and Institutional Rights, Inc., and the circuit split over anti-Israel boycott legislation, this Comment centers on the recent decision in American Sustainable Business Council v. Hegar …

What Is A House?: Searching For The Meaning And Scope Of Curtilage At Common Law, Mitchell A. Del Bianco

Fordham Law Review Online

No abstract provided.

The Long Arm And The Short Stick: How Citizenship Transforms White-Collar Enforcement, Andrey Spektor, Henry B. Blaikie

Fordham Law Review Online

Transnational white-collar enforcement has expanded steadily, even amid recent Department of Justice rhetoric favoring restraint. Yet the enforcement apparatus imposes markedly different—and more costly—consequences on noncitizen defendants than on similarly situated U.S. citizens. Noncitizens are more likely to be detained pretrial and more likely to serve longer and harsher custodial terms because they are excluded from sentence-reducing mechanisms, housed in more restrictive facilities, and face an additional layer of postsentence immigration detention. These structural features convert nominally equivalent sentences into more punitive sanctions while increasing burdens on courts, prisons, the immigration system, and taxpayers.

This Essay argues that courts, as …

The Unitary Executive And The Federal Reserve, Lev Menand

Fordham Law Review

The U.S. Supreme Court may soon embrace an interpretation of the U.S. Constitution that would significantly expand the power of the president over federal administrators and invalidate key provisions in dozens of federal statutes. A critical question is whether this interpretation—known as the unitary executive theory (UET)—would also render unconstitutional central bank independence (CBI), an arrangement where a country’s monetary policy is formulated by a semiautonomous body of experts insulated from partisan political pressure. Several justices have suggested that it would not, and a growing scholarly literature has proposed ways for the Court to distinguish the country’s central banking apparatus …