Digital Commons Network^™

How Did We Get Here?, Michael J. Klarman

Fordham Law Review

President Donald J. Trump’s second administration has transgressed basic rules and norms of democracy and the rule of law in myriad ways. Below, I have laid out my own top ten list of transgressions, though others could surely have made out a good case for their own “favorites.” It would not be difficult to come up with a longer list, yet the purpose of my Levine Lecture is less to describe where we are than to explain how we got here. Following an enumeration of Trump administration transgressions, my lecture turns to two questions. First, why have traditional checks on …

715 St. Marks Tenant Assn. V. M&M Crown Realty, Llc

All Decisions

HP case—tenants (35 rent-stabilized residents) establish ample need under CPLR 408 for narrowly tailored discovery. Seven interrogatories and ten documentary demands regarding elevator and boiler installation and maintenance are outside petitioners' custody or control. DOB and HPD violation records are insufficient alone: agency inspections measure operationality on a single visit and do not capture sporadic recurring outages or systemic failures indicating a need for replacement, as alleged. Respondents bear minimal burden; no possession-recovery urgency in HP enforcement proceedings.

141 Macdonough Street Hdfc V. Reid

All Decisions

Grimmet government-entwinement test satisfied: HDFC operates under Private Housing Finance Law Article XI, its deed and certificate of incorporation carry HPD approval requirements and low-income use covenants, and Board of Estimate resolutions provide a partial tax exemption running through July 2029. Constitutional due process therefore requires the HDFC to demonstrate 'cause' to evict. The notice of termination states only that the tenant 'failed to pay rent'—no period, no rate, no arrears balance. This is legally insufficient: vague and conclusory. Additionally, 16 HPD violations exist against the premises (15 served before the notice) and 40 building-wide violations, 2 of which are …

141 Macdonough St. Hous. Dev. Fund Corp. V. Rhodes-Wiggins

All Decisions

Companion case to LT-306940-25/KI—same building, same HDFC, same judge (Grant, J.). The same Grimmet analysis applies. The notice of termination is identically deficient, alleging only 'failed to pay rent' without specifying the period or arrears amount. The same predicate notice inadequacy compels dismissal. Additionally, 34 HPD violations exist against the premises (29 pre-notice) including 3 rent-impairing violations that have not been certified as corrected, which are relevant to the adequacy of notice because uncorrected rent-impairing violations could implicate an MDL §302-a abatement defense. Proceeding dismissed.

452 City Island Llc V. Avila

All Decisions

In this nonpayment proceeding, Respondent moved to dismiss on the ground that the building was occupied in violation of the Multiple Dwelling Law because an illegal basement apartment had been created without a permit, and two DOB violations issued in 2009 remained open. The court granted the motion, holding that where a building has been altered so that the I-card is no longer accurate, MDL § 302's rent-collection bar is automatically triggered and the landlord's discontinuation of the illegal occupancy is insufficient to cure the violation.

Hill Plaza Enters. Ny Llc V. Terris

All Decisions

Court granted tenant's motion for a discretionary stay of the proceeding pending appeal under CPLR 5519(c), allowing tenant to challenge a prior decision denying summary judgment on her rent overcharge and fraudulent deregulation counterclaims. Court found minimal prejudice to landlord because the underlying nonpayment petition had already been dismissed, while potential prejudice to tenant from proceeding without resolution of the appeal was manifest.

West Side Marquis Llc V. Sheppard

All Decisions

The Appellate Division, First Department reversed and granted summary judgment to a rent-stabilized successor tenant. Under the HSTPA, a landlord may not withdraw a previously offered preferential rent in a renewal lease. Tenant was entitled to a renewal lease at the preferential rent paid by the predecessor tenant of record. A 2006 DHCR settlement and rent order did not constitute increases 'authorized by law' under RSL §26-511(c)(14), and the DHCR order had no preclusive effect against tenant, who had not been a party to the prior proceeding and had not had a full and fair opportunity to litigate.

Lawyers' Manual For Appealing Parole Denials: Administrative Appeals And Article 78 Petitions, Parole Preparation Project

All Categories

No abstract provided.

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 …

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.

Zheng V. Avelar

All Decisions

In this GCEL holdover, petitioners sought to re-argue or renew the court's prior decision dismissing the proceeding for failure to include statutorily required information in the predicate notice and petition to claim the GCEL small landlord exemption. The court denies the motion, distinguishing Shoreview Holdings, LLC v Fernandez (2025 NY Slip Op 25277) because in that case the affirmation in support of the amendment was submitted by someone with personal knowledge—unlike here.

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.

Choi V. Linc Lic L.L.C.

All Decisions

In this rent overcharge action, the Appellate Division modified the lower court's order, granting summary judgment to the tenant on liability. The court held that the landlord's rent concessions, exceeding three months, functioned as a preferential rent under post-HSTPA law, rejecting pre-HSTPA DHCR guidance. It also found lease provisions allowing the landlord to assess attorneys' fees without a court order unconscionable and unenforceable under Real Property Law § 234-a and Rent Stabilization Law § 26-512(g). The landlord failed to rebut the presumption of willfulness, as post-commencement refunds do not defeat it, thus warranting treble damages. The case was remanded for …

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.

Mutual Redevelopment Houses, Inc. V. Manyevitch

All Decisions

In a licensee holdover proceeding in a cooperative PHFL Article V (Mitchell-Lama), the landlord and tenant both moved for summary judgment regarding succession rights. Tenant, the spouse of a prior successor, was granted summary judgment, with the court finding she met spousal succession requirements under Section 210(d)(i) of the City Agreement, notwithstanding the prior successor's lack of formal shares or an occupancy agreement. The landlord's motion for summary judgment was granted against co-occupant, who failed to provide admissible evidence for Braschi-type succession, resulting in a possessory judgment against him. The petition was dismissed against John and Jane Doe. The court …

Seaview Towers 2006, L.P. V. Walker

All Decisions

In this nonpayment proceeding, the court grants respondent's motion for summary judgment, finding that the rent demand was defective because petitioner failed to credit HRA rent payments made on respondent's behalf.

University Riverview Assoc. V. Chisholm

All Decisions

Court denied discovery, granted landlord's cross-motion to amend the petition to allege GCEL coverage, but then dismissed the amended petition under RPAPL § 741(4) for failure to state any facts about unpaid rent due and owing. Court held that the GCEL ground of nonpayment (RPL § 216[1][a][i]) requires the petition to allege specific facts about unpaid rent, and that alleging only a sum of use and occupancy owed was insufficient because 'rent' and 'U&O' are legally distinct terms, and failure to pay use and occupancy does not constitute a 'good cause' ground for lease non-renewal under GCEL.

Why Capitalism Needs Democracy And Democracy Needs Capitalism, Luigi Zingales

Fordham Law Review

No abstract provided.

Abortion, Power And The Future Of Healthcare, Elizabeth Kukura

Fordham Law Review Online

No abstract provided.

Wagab Llc V Medina

All Decisions

In this Good Cause Eviction Law (GCEL) holdover proceeding, the landlord sought possession due to the tenant's alleged failure to pay rent, leading to a non-renewal of the lease. The tenant moved to dismiss, arguing the predicate notice of non-renewal and termination was defective for lacking specific details about the alleged nonpayment, such as amounts owed or dates due. The Civil Court of the City of New York, Queens County, granted the tenant's motion, dismissing the petition without prejudice. The court held that under GCEL, a predicate notice alleging nonpayment as good cause must include detailed factual allegations beyond a …

Whga Renaissance Apts. Lp V Figueroa

All Decisions

A landlord commenced a nonpayment proceeding against a tenant. The tenant moved to dismiss, arguing the predicate rent demand was fatally defective because it demanded rent for a period already paid through ERAP, representing approximately 13.8% of the total arrears. The court found that a rent demand failing to credit ERAP funds for designated months does not state the approximate good faith rent owed, which is a condition precedent for a non-payment proceeding. Thus, the court granted the tenant's motion, dismissing the proceeding without prejudice, as a defective rent demand cannot be amended.

Building A Professionally Socialized Immigration Bar: A Comparative Case Study, Jayanth K. Krishnan, Kunle Ajagbe

Fordham Law Review

No abstract provided.

All The King’S Lawyers, Rebecca Aviel

Fordham Law Review

No abstract provided.

Training To The Tech: Fostering The Ethical Adaptation To And Adoption Of Emerging Technologies In The Practice Of Law, Raymond H, Brescia

Fordham Law Review

No abstract provided.

Law's Penal-Professional World Order, Pilar Margarita Hernández Escontrías

Fordham Law Review

The attorney discipline regime has been propagandized as a necessary mechanism to police poor attorney conduct to protect the public. According to this myth, professional associations investigate attorney misconduct and impose sanctions, thus protecting the “noble profession” from attorneys who would tarnish its reputation. Violations of ethics rules lead to investigation, prosecution, and punishment by the state bar. In structure and language, state bars and judicial officers replicate the state in their use of disciplinary frameworks and regimes.

The self-regulating bar is a form of punitive governance used by the state to control entry into and expulsion from the profession. …

Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera

Fordham Law Review

No abstract provided.

West Side Marquis Llc V. Maldonado

All Decisions

The Appellate Division reversed the Appellate Term, granting the tenant's cross-motion for summary judgment and dismissing the landlord's holdover petition. The landlord failed to timely offer a renewal lease to a successor tenant until after the Housing Stability and Tenant Protection Act (HSTPA) was enacted. The court held that the HSTPA applies, requiring the landlord to offer the renewal lease on the same terms and conditions as the predecessor's prior lease, including the preferential rent. The landlord could not leverage its own delay to avoid the HSTPA's provisions, as the tenant was entitled to a renewal lease prior to the …

Unique People Services, Inc. V. Abramycheve

All Decisions

In this holdover proceeding, the landlord, a supportive housing provider, sought to evict the tenant. The tenant's motions to vacate a default and for the court to appoint an attorney under the "Right to Counsel Law" were denied. The court clarified that the Universal Access to Counsel Law provides access, not an absolute right, to legal services. The court also denied the tenant's motion to vacate a previous default. However, acknowledging the tenant's supportive housing status, the court ordered the landlord to produce documentation regarding the tenant's referral, contemplating the potential appointment of a Guardian Ad Litem.

Calvary Grandparents Residence Llc V. Hicks

All Decisions

The tenant moved to dismiss a licensee holdover proceeding, arguing the landlord failed to name the estate of the deceased tenant of record as a necessary party because an unexpired rent-stabilized lease was in effect. The landlord argued the estate was not a necessary party. The court, finding the landlord's own papers and oral arguments conceded a two-year lease term, determined an unexpired lease existed when the proceeding commenced. Granting the tenant's motion, the court dismissed the proceeding without prejudice, holding that the deceased tenant's estate was indeed a necessary party.

Global Realty Management Ny, Llc V. Wiatrowicz

All Decisions

In this GCEL non-renewal holdover proceeding based on alleged non-payment, the court granted the tenant's motion to vacate a default judgment and dismiss the case. The tenant demonstrated a reasonable excuse for default due to mental health issues stemming from domestic abuse. The court also found meritorious defenses, specifically that the 90-day notice of termination was fatally defective. The notice failed to provide specific details regarding the amount of rent owed, the periods for which it was due, or information about any rent increases, which prevented the tenant from preparing a defense or exercising their right to cure the alleged …