Digital Commons Network^™

Department Of Hous. Preserv. & Dev. Of The City Of N.Y. V. Belmont Ventures Llc

All Decisions

In a case brought by the Department of Housing Preservation and Development of the City of New York regarding violations and civil penalties for premises in New York, the court denied the respondents' motion for an extension to purge contempt. Despite the respondents' arguments about difficulties in correcting violations, the court found their efforts inadequate given the persistent and serious living conditions endured by tenants. Consequently, the court denied the motion and ordered the issuance of a warrant for arrest and commitment to civil jail as previously contemplated.

Steiner V. Klein

All Decisions

The landlord successfully evicted the tenant through a holdover proceeding based on the expiration of the lease and the tenant's failure to vacate after a prior rabbinical arbitration ruling in the landlord's favor. The court found the tenant waived his right to further arbitration by waiting over a year to act.

Tatum V. Jack

All Decisions

In a non-payment proceeding before the Civil Court of the City of New York, Kings County, Judge Karen May Bacdayan granted the landlord's motion to vacate a stipulation of settlement entered into between the parties. The court found that although there was no clear evidence of mutual mistake at the time of the stipulation, there existed a material error that warranted vacating the agreement. Key legal points include the court's discretionary power to relieve a party of an agreement if it can be shown that the mistake is substantial and that vacatur is necessary to prevent unjust enrichment. Additionally, the …

Victoria V. Victoria

All Decisions

The court addressed a licensee holdover proceeding where the administrator of a cooperative apartment sought to evict occupants after the shareholder's death. The respondent, claiming partial ownership and residency, argued against the proceeding's jurisdiction in housing court. The court denied dismissal, citing that cooperative shares do not grant possession rights absent a proprietary lease transfer. Summary judgment for possession was denied due to insufficient evidence, with trial needed to determine the respondent's status as a licensee or otherwise.

601 W. Realty Llc V. New York State Div. Of Hous. & Community Renewal

All Decisions

In this rent overcharge dispute under rent stabilization laws, the landlord failed to timely submit required documentation despite multiple adjournments. The court upheld the administrative determination denying the landlord's petition, emphasizing that pandemic-related disruptions did not excuse non-compliance with submission deadlines. The decision highlighted the landlord's obligation to maintain records supporting rent increases and upheld respondent's procedural fairness, denying relief based on alleged destruction of documents. The intervention motion by a tenant was granted, affirming his interest in the outcome due to ongoing tenancy.

Ending Exemption 5 Expansion: Toward A Narrower Interpretation Of Foia’S Exemption For Inter- And Intra-Agency Memorandums, Ryan W. Miller

Fordham Law Review

The Freedom of Information Act (FOIA) creates a judicially enforceable right to access almost any record that a federal agency creates or obtains. Its crafters aimed to strike a careful balance in promoting disclosure of government records to increase transparency while still protecting the confidentiality of certain information. Although any person can request an agency record, FOIA’s nine exemptions allow agencies to withhold records if certain conditions are met. 5 U.S.C. § 552(b)(5) permits agencies to withhold “inter-agency or intra-agency memorandums or letters” that would normally be privileged in civil discovery. Through this exemption, Congress sought to prevent FOIA from …

Avoiding Rejection: Studying When And Why State Courts Decline Certified Questions, Rachel Koehn Breland

Fordham Law Review

In December 2018, the U.S. Court of Appeals for the Sixth Circuit declared Tennessee’s punitive damages cap statute unconstitutional under the state’s constitution. Nearly five years later, however, Tennessee state courts are still reducing punitive damage awards under the statute—and they must, because the Tennessee Supreme Court has never addressed the statute’s constitutionality. See, the Sixth Circuit’s decision was merely an Erie guess as to how Tennessee courts would resolve the unsettled state law issue, and the Tennessee Supreme Court has since indicated that it would reach the opposite conclusion. But the Tennessee high court had already had an opportunity …

Asymmetry Of Representation In Poor People’S Courts, Tonya L. Brito, Daniela Campos Ugaz

Fordham Law Review

This Essay examines the asymmetry of representation in poor people’s courts, specifically in child support enforcement cases involving the State. The asymmetry of representation is a common occurrence in various civil law fields, but it is notably prominent in family law, which has the highest number of unrepresented parties. As one of the authors has previously explained, we use “poor people’s courts” to refer to state civil courts that hear family, housing, administrative, and consumer cases. These courts present severe challenges to the civil justice system because they are characterized by a substantial volume of cases, socioeconomically disadvantaged litigants, and …

(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson

Fordham Law Review

Can rights litigation meaningfully advance social change in this moment? Many progressive or social justice legal scholars, lawyers, and advocates would argue “no.” Constitutional decisions issued by the U.S. Supreme Court thwart the aims of progressive social movements. Further, contemporary social movements often decenter courts as a primary domain of social change. In addition, a new wave of legal commentary urges progressives to de-emphasize courts and constitutionalism, not simply tactically but as a matter of democratic survival.

This Essay considers the continuing role of rights litigation, using the litigation over race-conscious affirmative action as an illustration. Courts are a key …

Charging Abortion, Milan Markovic

Fordham Law Review

As long as Roe v. Wade remained good law, prosecutors could largely avoid the question of abortion. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has now placed prosecutors at the forefront of the abortion wars. Some chief prosecutors in antiabortion states have pledged to not enforce antiabortion laws, whereas others are targeting even out-of-state providers. This post-Dobbs reality, wherein the ability to obtain an abortion depends not only on the politics of one’s state but also the policies of one’s local district attorney, has received minimal scrutiny from legal scholars.

Prosecutors have broad charging discretion, …

Extraordinary Punishment: Conditions Of Confinement And Compassionate Release, Meredith B. Esser

Fordham Law Review

People experience severe forms of harm while incarcerated, including medical neglect, prolonged solitary confinement, sexual and physical violence, and a host of other ills. But civil rights litigation under the Eighth Amendment—the most common vehicle through which people seek to redress these harms—presents significant practical and doctrinal barriers to incarcerated plaintiffs. Most notably, the Eighth Amendment’s “deliberate indifference” standard asks not whether a person has been harmed, but instead requires plaintiffs to demonstrate a criminally reckless mental state on the part of prison officials. Further, Eighth Amendment remedies are limited to damages or injunctions, which may not adequately redress a …

Community Responsive Public Defense, Alexis Hoag-Fordjour

Fordham Law Review

This colloquium asks us to consider how social change is influencing the legal profession and the legal profession’s response. This Essay applies these questions to organizing around criminal injustice and the response from public defenders. This Essay surfaces the work of four innovative indigent defense organizations that are engaged with and duty-bound to the communities they represent. I call this “community responsive public defense,” which is a distinct model of indigent defense whereby public defenders look to their clients and their clients’ communities to help shape advocacy, strategy, and representation.

Methodologically, this Essay relies primarily on qualitative interviews with leaders …

Come, Let Us Reason Together, Hon. Kent A. Jordan, James J. Brudney

Jurist in Residence Lectures

In his lecture, Judge Kent A. Jordan emphasizes the critical importance of civil discourse in addressing complex legal and social issues. He explores the dangers of abandoning reasoned debate for heated rhetoric and the negative impacts this can have on the legal profession and society at large.

Ladan Realty Corp. V. Kercy

All Decisions

In this holdover proceeding concerning a rent-stabilized premises, the landlord sought to recover possession based on the tenant's alleged non-primary residence. The landlord served a Notice of Non-Renewal and Termination of Tenancy, terminating the tenancy due to the tenant's purported absence from the premises. However, the court found the notice defective, as it contained speculative and generic allegations without sufficient detail or evidence to support the claim of non-primary residence. The court dismissed the proceeding, granting the tenant's motion, and denied the landlord's motion to vacate the ERAP stay, ruling in favor of the tenant. Key legal points include the …

Madison Edj Llc V. Clerveaux

All Decisions

In this non-payment proceeding, the tenant successfully invoked the MDL §302-a defense due to ongoing rent-impairing violations, including leaks and pest issues, that persisted for over six months. The court found that the landlord did not adequately address these conditions, thereby barring rent collection from September 2022 to January 2024. The tenant's counterclaims for habitability breaches were recognized, leading to the case dismissal and the order for the landlord to rectify existing HPD violations within specified timeframes.

Lesmha Lp V. Vasquez

All Decisions

The landlord commenced a holdover proceeding against the tenant for failure to renew a rent-stabilized lease. The court dismissed the petition, finding the premises were not subject to rent stabilization based on regulatory agreements requiring income-based rents set by DHCR, not RGB orders. The tenant's counterclaim for rent overcharge was also dismissed as rent stabilization was inapplicable. While the tenant had renewed prior leases on rent-stabilized forms, the parties cannot agree to rent regulatory status contrary to the statutory criteria. The court declined to apply collateral estoppel from prior proceedings due to lack of documentation establishing identity of issues.

Administrative Appeal Decision - Rodriguez, Jesse (2024-01-23)

Parole Administrative Appeal Decisions

No abstract provided.

Virgav. Virga

All Decisions

Landlord brought a licensee eviction proceeding against her son and his girlfriend, claiming they were no longer welcome after she transferred ownership of the property while retaining a life estate. Tenant argued a "family exception" barred the eviction and sought to dismiss the case. The court rejected this argument, finding no such exception for adult children and that the landlord, as a life estate holder, had the right to exclude occupants. The court denied the tenant's motion to dismiss but allowed them to file an answer raising defenses.

Diego Beekman Mutual Housing Association Housing Development Fund Corp. V. Hammond

All Decisions

In this non-payment proceeding, the court granted the tenant's motion seeking an order for the petitioner to correct a class "C" violation due to roach infestation in the subject apartment. Despite the petitioner's opposition, the court found the respondent's evidence credible and unrefuted, establishing the existence of a severe roach infestation. The court ordered the petitioner to abate the violation within 21 days and comply with all relevant laws and codes. The respondent was directed to provide reasonable access for the correction process, and default could lead to further legal actions, including contempt or civil penalties.

West 92nd Assoc. Llc V. Hussein

All Decisions

In this case, a landlord initiated a holdover proceeding against the tenant for failure to sign a renewal lease in a rent-stabilized apartment. The tenant argued that there was no initial rent-stabilized lease to renew and that the landlord failed to provide a proper lease offer with required riders explaining the tenant's rights under the Rent Stabilization Law. The court found that the landlord's notice contained a material misstatement about the lease expiration date and that the landlord failed to comply with DHCR requirements for lease renewal offers. The court dismissed the landlord's motion for summary judgment, granted the tenant's …

109th Affordable Housing Llc V. Matthew Beck

All Decisions

In a non-payment proceeding against a month-to-month tenant, the court ruled that RPAPL 711(2) cannot be used for rent not paid after the end of any given month, as each month constitutes a separate term. This decision was based on RPAPL 711(2)'s requirement for a written agreement, RPL § 232-c's definition of month-to-month tenancies, and supporting case law. While the tenant raised other defenses, the court dismissed the case based on this interpretation of RPAPL 711(2).

Matter Of 5523 Wash. Ave & St. James Brooklyn Llc V. New York State Div. Of Hous. & Community Renewal

All Decisions

In a holdover-non-primary residence case before the Supreme Court of the State of New York, Kings County, the landlord sought Article 78 exemption from rent stabilization laws based on substantial rehabilitation of a housing complex. The court found that the administrative agency's determinations were arbitrary and capricious, lacking a rational basis in law and fact. The court vacated the orders of the Rent Administrator and Deputy Commissioner and remanded the proceeding for further consideration of landlord's application for deregulation based on substantial rehabilitation.

Aspenly Co., Llc V. New York State Div. Of Hous. & Community Renewal

All Decisions

Landlord challenged a determination by DHCR denying its application for Major Capital Improvement (MCI) rent increases. HSTPA prohibited MCI rent increases for buildings with 35% or fewer rent-regulated units. Petitioner's building contained 35% or fewer rent-regulated units, making it ineligible for MCI rent increases under HSTPA. Court ruled in favor of DHCR, finding that HSTPA did not have a retroactive effect because it only affected the propriety of a prospective rent increase. Court also rejected petitioner's constitutional arguments, citing Court of Appeals decision in Regina Metropolitan Co. LLC v. New York State Div. of Hous. & Community Renewal, which held …

William 165 Llc V. New York City Dept. Of Hous. Preserv. & Dev.

All Decisions

Landlord sought a reversal of HPD's decision to include its building in the CONH Pilot Program and a waiver from the program. Court found HPD's decision rational and denied landlord's requests. Key Legal Points: 1) Timeliness of challenge determined by actual notice, not publication date. 2) HPD's interpretation of program criteria was reasonable. 3) No due process violation in placement on list without prior hearing. 4) Waiver request unripe without pursuing necessary steps within program.

2 No. 6th Pl. Property Owner Llc V. Golriz

All Decisions

In a non-payment proceeding, the court ruled that the landlord's offer of a renewal lease during a holdover proceeding did not create a new tenancy but settled pending litigation. The court distinguished relevant laws and held that the landlord was obligated to offer a renewal lease, and by offering it during litigation, did not voluntarily create a new tenancy. Respondent's argument that a new tenancy was created was denied.

712 Realty, Llc V. Poliard

All Decisions

In a nonpayment proceeding involving a rent-stabilized tenancy, the landlord sought possession and rent arrears from the tenant. The tenant raised a defense of breach of the warranty of habitability based on a mold condition in the apartment. The court found that the landlord provided sufficient evidence to establish the rent arrears and rebutted the tenant's claims regarding the mold condition. Despite the tenant's arguments, the court ruled in favor of the landlord, granting judgment for possession and rent arrears. This case underscores the importance of landlords maintaining habitable living conditions and tenants' rights to assert defenses under the warranty …

109th Affordable Housing Llc V. Taveras

All Decisions

No abstract provided.

Matter Of 10 W. 65th St. Tenants Assn. V. New York State Div. Of Hous. & Community Renewal

All Decisions

For a Judgment Pursuant to CPLR article 78.

The Use Of Clearview Ai To Support Warrants Violates The Fourth Amendment, Kevin Johnson

Fordham Intellectual Property, Media and Entertainment Law Journal

Social media platforms encouraged millions of Americans to post hundreds of photos of themselves on the Internet. Clearview AI, a tool that harnesses “publicly available” online images for facial recognition, violated those platforms’ terms of service to collect those photos and in doing so de-anonymized millions of Americans. This Note examines the Fourth Amendment implications of law enforcement’s use of Clearview AI and its compatibility with constitutional protections. This Note argues that the use of Clearview AI by police to support warrant applications runs afoul of established legal standards by analyzing the evolution of Fourth Amendment ju …

The Illusion Of Defendant Autonomy And The Moral Harm Of Self-Incrimination In Mccoy V. Louisiana, Titus Levy

Fordham Urban Law Journal

No abstract provided.