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Articles 1111 - 1140 of 13109
Full-Text Articles in Entire DC Network
Carnegie Park Preservation Lp V. Cintron
Carnegie Park Preservation Lp V. Cintron
All Decisions
The court grants the tenant's motion to dismiss and to seal their affidavit and exhibits. The landlord failed to provide required notices under the Violence Against Women Act (VAWA) with the termination notice, leading to dismissal. This ruling aligns with statutory language and precedent from other jurisdictions, highlighting the importance of serving VAWA notices to protect tenant rights. The court also grants the tenant's motion to seal their affidavit and exhibits, finding good cause under the Civil Rights Law.
Matter Of Gassana V. New York State Dept. Of Hous. & Community Renewal
Matter Of Gassana V. New York State Dept. Of Hous. & Community Renewal
All Decisions
In a Holdover-Non-primary Residence case in the Appellate Division, First Department, the court affirmed the denial of the tenant's petition to annul DHCR's determination of no rent overcharges. The court found DHCR's determination not arbitrary, as it extensively considered rental history and evidence. The landlord's conduct post-dated the base date, not affecting base date rent reliability. Key legal points: DHCR discretion in determining service failure; consideration of fraudulent deregulation; evidence supporting landlord's improvements; landlord's post-base date conduct not impacting rent determination.
Lincoln Sponsor Llc V. Wellington
Lincoln Sponsor Llc V. Wellington
All Decisions
In this non-payment case, the tenant moved to amend her answer and to dismiss the petition due to a defective rent demand. The court granted the motion to amend, noting the absence of prejudice to the landlord and the potential merit in the proposed defenses. Regarding the motion to dismiss, the court found the rent demand lacking clarity and specificity, particularly concerning additional charges, and dismissed the petition without prejudice, emphasizing the importance of compliance with RPAPL 711.
Resnicow V. W 7879 Llc
All Decisions
In a rent-stabilized apartment dispute, the court dismissed the tenant's claim of rent overcharge based on pre-HSTPA law, rejecting the argument for a two-tier calculation method. The court cites relevant case law, emphasizing that the landlord corrected the overcharge prior to HSTPA enactment and awards attorneys' fees to the landlord.
Matter Of 58e83 Realty, Llc V. New York State Div. Of Hous. & Community Renewal
Matter Of 58e83 Realty, Llc V. New York State Div. Of Hous. & Community Renewal
All Decisions
To prevail in a holdover proceeding based on demolition under the Rent Stabilization Law, a landlord must demonstrate financial capacity to complete the project. While a letter of credit from a bank is preferred evidence, DHCR has discretion to consider alternative forms of proof. Here, the landlord's financial statements were insufficient to meet this burden.
West Side Marquis Llc V. De Jourdan
West Side Marquis Llc V. De Jourdan
All Decisions
The landlord sought to evict a rent-stabilized tenant after the lease expired. The tenant claimed rights under the Housing Stability and Tenant Protection Act of 2019 (HSTPA), but the court ruled it didn't apply because the tenant's right to a renewal lease arose earlier. There may also be a separate agreement between the parties that applies. HSTPA doesn't apply retroactively. Rent-stabilized tenants may have additional rights under agreements with their landlord.
Minott V. New York City Hous. Authority-Fort Independence Houses
Minott V. New York City Hous. Authority-Fort Independence Houses
All Decisions
The tenant, seeking repair orders and alleging harassment by the landlord, failed to serve a required notice of claim, leading to the dismissal of the harassment claim. Despite the tenant's detailed allegations of landlord misconduct and unsafe living conditions, compliance with Public Housing Law ยง157(1) was necessary for proceeding with claims for monetary damages. The court, therefore, dismissed the harassment claim without assessing its merits, as the procedural prerequisite was unmet.
310 E. 74 Llc V. Mirea
All Decisions
The tenant challenged rent overcharges dating back to 2001, but the court ruled in favor of the landlord because claims are limited to four years and the tenant couldn't prove fraudulent deregulation to use pre-four-year evidence. Decision based upon Burrows.
Decision In Art. 78 Proceeding - Henry, Rennie (2024-04-19)
Decision In Art. 78 Proceeding - Henry, Rennie (2024-04-19)
Decisions in Art. 78 Proceedings
No abstract provided.
101 E. 16th St. Realty Llc V. New York State Div. Of Hous. & Community Renewal
101 E. 16th St. Realty Llc V. New York State Div. Of Hous. & Community Renewal
All Decisions
The Appellate Division, First Department reversed a Supreme Court judgment that annulled New York State Division of Housing and Community Renewal (DHCR) orders partially denying rent increase applications based on major capital improvements (MCI) by 101 East 16th Street Realty LLC et al. The court held that DHCR's application of part K amendments from the Housing Stability and Tenant Protection Act of 2019 (HSTPA) was rational, affecting only prospective rent increases. The court dismissed the petition brought pursuant to CPLR article 78.
Hayward V. Site 4 Dsa Owner Llc
Hayward V. Site 4 Dsa Owner Llc
All Decisions
The tenant appealed pro se the dismissal of his amended complaint against the landlord by the Appellate Division, First Department. The tenant claimed that a 421-a rider erroneously attached to his lease entitled him to rent stabilization status. However, the court found that rent stabilization rights cannot be created by waiver or estoppel. Additionally, the tenant lacked standing to enforce the regulatory agreement between the landlord and the City of New York. The court upheld the dismissal, ruling in favor of the landlord.
448-452 W. 57 Assoc. Llc V. Ghali
448-452 W. 57 Assoc. Llc V. Ghali
All Decisions
The landlord sued the tenant for non-payment of rent, but the court dismissed the case because the landlord's demand for rent was based on an invalid lease agreement. The court ruled that a non-payment proceeding requires a valid agreement, express or implied, to pay the rent demanded and that the rent demand must specify the exact amount owed for each period.
Rose V. Gazivoda 118 Llc
All Decisions
The court ruled that the tenant's apartment is rent-stabilized, but the tenant failed to establish a fraudulent scheme to recover rent overcharges from a period outside the legal timeframe. The court also dismissed the landlord's counterclaims.
Matter Of Decock V. State Of N.Y. Div. Of Hous. & Community Renewal
Matter Of Decock V. State Of N.Y. Div. Of Hous. & Community Renewal
All Decisions
The appellate court affirmed DHCR's determination that petitioner's unit was deregulated in 1994 due to vacancy and surpassing the legal regulated rent threshold, rejecting claims of insufficient challenge and conceding rent amount. The court upheld DHCR's decision not to review rent history pre-deregulation and dismissed petitioner's arguments, confirming no fraudulent deregulation challenge was raised, thereby affirming the lower court's denial of the petition.
Department Of Housing Preservation And Development Of The City Of New York V. Ohebshalom
Department Of Housing Preservation And Development Of The City Of New York V. Ohebshalom
All Decisions
DHPD brought a successful motion finding the landlord in contempt of court for failing to comply with a previous order to fix building violations and provide heat and hot water. The landlord was fined for the contempt and will be responsible for future heating and hot water violations.
Surat Realty V. New York State Div. Of Hous. & Community Renewal
Surat Realty V. New York State Div. Of Hous. & Community Renewal
All Decisions
The appellate court reversed the Supreme Court's judgment, annulling DHCR's determinations that ordered rent reductions for tenants due to decreased services from obstruction of air and light caused by an adjacent building. It found DHCR's decisions irrational as they failed to consider facts showing the landlord was not responsible for the service reduction. The court vacated the rent reduction orders, dismissing the administrative complaints, emphasizing the landlord's lack of control over the adjacent construction affecting the tenants' windows.
Fair Housing Justice Center, Inc. V. Beach Haven Apartments Associates Llc
Fair Housing Justice Center, Inc. V. Beach Haven Apartments Associates Llc
All Decisions
The fair housing organization and individual tenant sued the landlord co-op corporation and individuals alleging housing discrimination based on source of income in violation of city and state human rights laws. The landlord's pre-answer motion to dismiss was denied, allowing the discrimination claims to proceed based on allegations that the landlord's real estate agent refused to show an apartment to prospective tenants with rental subsidy vouchers.
Administrative Appeal Decision - Vanvorst, Aaron (2022-07-18)
Administrative Appeal Decision - Vanvorst, Aaron (2022-07-18)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Rex, Michael (2022-07-18)
Administrative Appeal Decision - Rex, Michael (2022-07-18)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Mcmahon, James (2022-07-18)
Administrative Appeal Decision - Mcmahon, James (2022-07-18)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Fama, Joseph (2022-07-18)
Administrative Appeal Decision - Fama, Joseph (2022-07-18)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Anderson, Leroy (2022-08-25)
Administrative Appeal Decision - Anderson, Leroy (2022-08-25)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Kelly, Michael (2022-07-18)
Administrative Appeal Decision - Kelly, Michael (2022-07-18)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Bierenbaum, Robert (2022-07-18)
Administrative Appeal Decision - Bierenbaum, Robert (2022-07-18)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Stanback, James (2022-07-18)
Administrative Appeal Decision - Stanback, James (2022-07-18)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Segura, Jonatan (2022-03-14)
Administrative Appeal Decision - Segura, Jonatan (2022-03-14)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Stasinski, Alan (2022-06-08)
Administrative Appeal Decision - Stasinski, Alan (2022-06-08)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Phifer, Renita (2022-08-25)
Administrative Appeal Decision - Phifer, Renita (2022-08-25)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Johnson, Lyle (2022-08-25)
Administrative Appeal Decision - Johnson, Lyle (2022-08-25)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Golub, Robert (2022-08-25)
Administrative Appeal Decision - Golub, Robert (2022-08-25)
Parole Administrative Appeal Decisions
No abstract provided.