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Articles 1201 - 1230 of 13109
Full-Text Articles in Entire DC Network
Spies, Trolls, And Bots: Combating Foreign Election Interference In The Marketplace Of Ideas, Nahal Kazemi
Spies, Trolls, And Bots: Combating Foreign Election Interference In The Marketplace Of Ideas, Nahal Kazemi
Fordham Law Voting Rights and Democracy Forum
Foreign disinformation operations on social media pose a significant and rapidly evolving risk, particularly when aimed at American elections. We must urgently and effectively address this form of election interference. This Article examines potential responses to those risks, through a review of the unique characteristics, both practical and legal, of political advertising on social media platforms. This Article analyzes proposed legislative responses to foreign disinformation, noting that no single proposed law to date adequately addresses the threats and challenges posed by foreign disinformation. This Article considers the election law landscape in which the proposed laws would operate. It evaluates the …
Fraudulent Vote Dilution, Jason Marisam
Fraudulent Vote Dilution, Jason Marisam
Fordham Law Voting Rights and Democracy Forum
In recent years, the Republican Party and conservative groups have brought lawsuits that advance a novel type of voting claim, which this Article calls fraudulent vote dilution. This claim asserts that an election rule is unconstitutional because it makes it too easy to cast fraudulent ballots that, when tabulated, will dilute the strength of valid and honest ballots. With the 2024 election nearing, the Republican Party may again test fraudulent vote dilution claims in court, as it seeks injunctions to make liberal election rules stricter in ways that make it harder for Democratic voters to cast ballots. This Article advances …
Petition For Redress Or Telephonic Harassment? When Calling The Government Is A Crime, Daniel Caballero
Petition For Redress Or Telephonic Harassment? When Calling The Government Is A Crime, Daniel Caballero
Fordham Law Voting Rights and Democracy Forum
The telephone has enabled significant enhancements in communication. However, it has also brought with it abuses. One of these is telephonic harassment. The states and the federal government have passed laws that criminalize this inappropriate and psychologically harmful use of telephones. This Article assumes that these laws are constitutional when the caller harasses an ordinary citizen. But the First Amendment protects the right to petition the government for redress of grievances. So, what happens when the caller is both petitioning the government and intending to harass a government official? Does the First Amendment protect telephonic harassment of a public official? …
Pha Associates 1x Llc V. Cummings
Pha Associates 1x Llc V. Cummings
All Decisions
The court denied the tenant's motion to dismiss the landlord's non-payment case, finding that the landlord's acceptance of ERAP funds constitutes a new month to month agreement after tenant's lease expire. Court allows the landlord to maintain the non-payment proceeding. However, the court granted the tenant's motion to amend her answer to assert additional defenses against the rent claim. Opinion includes a detailed analysis of Shepard-Neely II and its (in)applicability to regulated tenancies.
89-21 153 Llc V. Rosario
All Decisions
In this holdover-non-primary residence case, the landlord initiated the proceeding due to the tenant's failure to renew her lease. A stipulation was reached with one of the respondents, Andres Cardona, regarding use and occupancy payments pending DHCR's determination on Cardona's succession claim. DHCR subsequently directed the landlord to offer Cardona a renewal lease. Despite legal actions taken by the landlord, including a petition for administrative review and an Article 78 proceeding, the court upheld DHCR's decision. The landlord sought unpaid use and occupancy for a period after DHCR's determination, but the court ruled in favor of the tenant, stating that …
East Harlem Mec Parcel C, L.P. V. Smalls
East Harlem Mec Parcel C, L.P. V. Smalls
All Decisions
The appellate court affirmed the lower court's dismissal of the landlord's nonpayment petition against the tenant. The key issue was whether the landlord was precluded from recovering rent because the building lacked a valid certificate of occupancy after undergoing alterations. The court found that after a 2011 certificate was issued, the building had a "type 1" alteration including adding an eating/drinking establishment, and the subsequent temporary certificates from 2013-2015 had expired without a new certificate being issued. Under the Multiple Dwelling Law, a landlord cannot recover rent when the building lacks a valid certificate, even if the tenant's unit was …
Edwards V. New York City Dept. Of Hous. Preserv. & Dev.
Edwards V. New York City Dept. Of Hous. Preserv. & Dev.
All Decisions
A cousin of a tenant in a Mitchell-Lama apartment was denied succession rights because a cousin is not considered a traditional family member. Even though the cousin claimed a close relationship and took care of the apartment while the tenant lived out of state, the court found this did not meet the standard of emotional and financial interdependence required for non-traditional family members.
Rent Stabilization Ass'n Of N.Y.C. V. Mckee
Rent Stabilization Ass'n Of N.Y.C. V. Mckee
All Decisions
The court denied all parties' motions for summary judgment in a defamation case. The tenant advocacy group allegedly made false statements about the landlord association during a legislative hearing. The key legal point is that a limited-purpose public figure, like the landlord association here, must prove actual malice to win a defamation lawsuit against a speaker.
Barrett Japaning, Inc. V. Bialobroda
Barrett Japaning, Inc. V. Bialobroda
All Decisions
In consolidated holdover proceedings against a tenant for illegal subletting, the appellate court affirmed the trial court's dismissal of the petitions after finding the landlord unreasonably withheld consent to the tenant's requests to sublease the market rate premises. The court rejected the landlord's arguments that a prior finding of reasonable refusal to sublet barred relitigation under law of the case or res judicata doctrines, as the conduct at issue was different.
Brown V. City Of New York
All Decisions
In a holdover proceeding, the appellate court reversed the lower court's sua sponte dismissal of the petition, finding no extraordinary circumstances warranted such dismissal based on the limited record. The court reinstated the petition and remanded for further proceedings, expressing no view on the ultimate merits as to whether the petitioner landlord was entitled to maintain the holdover proceeding in Civil Court.
Bold Group, Llc V. Rachmut
All Decisions
In a residential landlord-tenant action, the tenant successfully defended against eviction by establishing a prima facie case of a rent-impairing violation, specifically a roof leak. The court found that the landlord's evidence to refute the violation was weak. However, the court also denied the tenant's request for attorney fees and security deposit return.
Himrod St. Assoc., L.P. V. Andrews
Himrod St. Assoc., L.P. V. Andrews
All Decisions
In a non-payment case settled with a payment agreement, the tenant's government agency (HRA) sent checks to the landlord, but one went missing. The court ruled the landlord couldn't evict the tenant for the missing amount because it likely went to someone with access to the landlord's checks. Even though the payee (landlord) usually bears the risk of internal fraud, the court considered the hardship of eviction and the government agency's resources for investigating the missing funds.
St Nick's Alliance, Llc V. Cordero
St Nick's Alliance, Llc V. Cordero
All Decisions
In this owner's use holdover proceeding brought by the non-profit landlord, the court granted the landlord's motion for summary judgment after the tenant defaulted in opposing. The court rejected the tenant's argument that a deceased prior occupant was a rent-stabilized tenant to whose tenancy the tenant, as a non-traditional family member, could succeed. The court found that under the 2019 HSTPA amendments, the prior occupant was at most a "tenant" in name only for the non-profit housing accommodation exempt from rent regulation, not an actual rent-stabilized tenant. As the tenant was at best a licensee, he could not claim rent-stabilized …
Bertie V. Norman
All Decisions
The landlord brought a holdover proceeding to evict the tenant, claiming the lease had expired. The tenant argued that the building was rent-stabilized because there were once two illegal basement apartments. The court found in favor of the tenant, reasoning that violations issued by the Department of Buildings documenting the existence of two basement apartments constituted unrebutted evidence, and that the landlord failed to disprove their existence. Since the building had more than four apartments, rent stabilization applied to all units.
Shu Ming Wang V. Moises
All Decisions
Wang v Moises is a Holdover-Lease Expiration case in the Civil Court of the City of New York, Kings County. The landlord sought possession of the property alleging lease expiration, while the tenants argued for de facto rent stabilization due to a disputed sixth unit in the basement. The court, after weighing evidence including testimony and documents, found in favor of the landlord, ruling that the basement did not constitute a separate housing unit and thus denying the tenants' rent stabilization claim. The court also upheld the validity of the termination notice issued by the landlord. This judgment highlights the …
Decision In Art. 78 Proceeding - Horein, Joshua (2024-03-15)
Decision In Art. 78 Proceeding - Horein, Joshua (2024-03-15)
Decisions in Art. 78 Proceedings
No abstract provided.
Marte V. 2013 Amsterdam Llc
All Decisions
The court denied a motion by the plaintiff's counsel (Subin Associates, LLP) to withdraw as counsel pursuant to CPLR 321(b)(2). The court found that counsel failed to cite any legal authority allowing an ex parte hearing to disclose the reasons for withdrawal, as requested. Counsel also failed to demonstrate good cause for terminating the attorney-client relationship or provide the plaintiff with reasonable notice of the motion, as required for withdrawal under CPLR 321(b)(2). Although counsel argued the plaintiff violated the client's responsibilities, the court held that the cited authorities did not permit considering that ex parte. The court directed counsel …
352-354 W. 48th St. Hous. Dev. Fund Corp. V. Tineo
352-354 W. 48th St. Hous. Dev. Fund Corp. V. Tineo
All Decisions
In a holdover proceeding against a tenant of an HDFC apartment, the appellate court found triable issues of fact remained on whether the apartment was the tenant's primary residence, precluding summary judgment for the landlord. While the tenant's filing of taxes from another address was not dispositive, credibility issues required resolution at trial. However, the court denied the tenant's attempt to amend the answer with an affirmative defense of waiver under the proprietary lease, finding that defense lacked merit.
43-09 47th Ave. Llc V. Santiago
43-09 47th Ave. Llc V. Santiago
All Decisions
In this nonpayment proceeding against a rent-stabilized tenant, the tenant moved for a stay pursuant to RPAPL § 755 due to a vacate order issued by the Department of Housing Preservation and Development after a fire in the building. The court granted the tenant's motion, holding that the vacate order constructively evicted the tenant, triggering RPAPL § 755(1)(a). Contrary to the landlord's argument, the court ruled that the tenant was not required to deposit all rent arrears under RPAPL § 755(2), but only the monthly rent. The court directed the tenant to pay the $1 monthly rent set by DHCR …
Nyc Dept. Of Hous. Preserv. & Dev. V. Napa Partners Llc
Nyc Dept. Of Hous. Preserv. & Dev. V. Napa Partners Llc
All Decisions
The case involves a Housing Preservation and Development (HPD) proceeding initiated to address violations of the Housing Maintenance Code (HMC) and seek civil penalties. After multiple hearings and stipulations, including Consent Orders to Correct (OTC) overseen by Judge Clinton Guthrie, the court found respondents in contempt for non-compliance with the OTCs. The judgment joined additional parties, discontinued the case against one respondent, awarded civil penalties, and ordered a new OTC. The decision highlighted the necessity of compliance with court orders and the consequences of failing to address housing code violations, underscoring the landlord's responsibility to maintain properties in accordance with …
140-60 Beech, Llc V. Madan
All Decisions
In a Holdover-Breach of Lease case in the Civil Court of the City of New York, Queens County, 140-60 Beech, LLC sought to enforce a provision in the lease requiring air conditioning units to be installed in a wall sleeve rather than a window. The tenant argued that the landlord waived its right to enforce this provision by allowing the window unit for nearly 25 years. The court agreed with the tenant, finding that the landlord's inaction constituted a waiver of its right to enforce the provision. The court granted the tenant's motion for partial summary judgment, dismissing the petition …
Ortiz V. Dharmnath
All Decisions
In a holdover proceeding, the tenant argued for rent stabilization protection for her unit within a purported horizontal multiple dwelling. Landlord failed to prove the buildings lacked sufficient commonality to exclude rent stabilization, as required under RSL. Court reversed judgments, dismissing the petition due to landlord's failure to establish exemption from rent stabilization since 1974, emphasizing insufficient evidence predating 2017 and tenant's affirmative defense success.
Gamba V. Baus
All Decisions
In a Holdover-Breach of Lease case the court granted the tenant's motion for summary judgment. The tenant argued that the petitioner failed to properly describe the regulatory status of the subject unit, which was found to be rent stabilized due to its construction date and the number of units it contained. The court determined that the petition was defective as it did not plead the proper regulatory status for the unit and accordingly dismissed the petition. This case emphasizes the importance of accurately pleading the regulatory status of rental units in holdover proceedings and highlights the consequences of failing to …
Decision In Art. 78 Proceeding - Gonzalez, Luis (2024-02-15)
Decision In Art. 78 Proceeding - Gonzalez, Luis (2024-02-15)
Decisions in Art. 78 Proceedings
No abstract provided.
Eleven Eleven Realty Assoc. V. Elizabeth
Eleven Eleven Realty Assoc. V. Elizabeth
All Decisions
In this non-payment case in a co-op in Kings County, the tenant moved for summary judgment seeking a 100% rent abatement based on rent impairing violations in the common areas of the premises, citing MDL § 302-a. The landlord opposed, arguing lack of control over the common areas. However, evidence presented suggested landlord's control over maintenance decisions. The court granted tenant's motion, awarding the rent abatement, emphasizing landlord's responsibility under RPAPL 235-b to maintain habitability, and interpreting MDL § 302 to cover violations in areas under landlord's control, resulting in a substantial win for the tenant.
Comeau V. Lopez
All Decisions
The court affirmed the dismissal of the landlord's action against the tenant for lack of personal jurisdiction and vacated the default judgment. The landlord failed to prove effective service under CPLR 308(4) by a preponderance of evidence. The process server did not exercise due diligence in determining if the address was the tenant's dwelling or place of business before resorting to nail and mail service after being told the tenant did not live there. The court rejected the landlord's claim that it was the tenant's place of business, finding the process server did not show personal service could not be …
2601-2609 Bainbridge Ave. Llc V. Algernon
2601-2609 Bainbridge Ave. Llc V. Algernon
All Decisions
In this holdover-licensee case in the Civil Court of the City of New York, Bronx County, the landlord sought to recover a rent-stabilized apartment, alleging that the tenant wrongfully continued occupancy after the termination of their leasehold interest. The tenant argued that she was a tenant at sufferance, not a mere licensee, as she had exclusive use of a portion of the apartment. The court emphasized that the burden of proof rested on the landlord to establish the tenant's status as a licensee. It further clarified the legal distinctions between a licensee and a tenant at sufferance. Ultimately, the court …
Alford V. 72nd Tenants Corp.
All Decisions
In a dispute over the use of a terrace, the tenant alleged breach of lease due to the landlord's failure to maintain the premises. Court found issues of fact regarding whether the disputed area was part of the demised premises, denying summary judgment on that ground. However, the tenant's claims for breach of warranty of habitability and negligence were dismissed due to lack of standing and failure to establish actionable harm under applicable law.
197 Madison Holdings Llc V. Nys Division Of Housing And Community Renewal
197 Madison Holdings Llc V. Nys Division Of Housing And Community Renewal
All Decisions
In this Article 78 proceeding, the landlord challenges DHCR's determination of rent overcharges based on alleged violations of rent freeze orders and lack of sufficient evidence of rent collection. The court found DHCR's reliance on vacancy lease terms and rent reduction orders reasonable, affirming its decision despite the landlord's procedural objections. Key legal points include burden of proof in rent overcharge cases and DHCR's authority to interpret and apply Rent Stabilization Law provisions, emphasizing the requirement for agencies to substantiate rent collections in overcharge complaints initiated by them.
Matter Of Bergen Realty & Mgt., Llc V. New York State Div. Of Hous. & Community Renewal
Matter Of Bergen Realty & Mgt., Llc V. New York State Div. Of Hous. & Community Renewal
All Decisions
Petitioner challenged a decision by the New York State Division of Housing and Community Renewal (DHCR) to issue an order reopening a case solely to correct the owner's name and address. Petitioner contended that DHCR acted arbitrarily and deprived it of due process rights by failing to notify of the reopening and provide an opportunity to respond. However, the court found that DHCR's action was within its authority as a ministerial act to correct administrative errors. Despite the petitioner's arguments, the court determined that DHCR's decision had a rational basis and dismissed the petition.