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Articles 1441 - 1470 of 13109
Full-Text Articles in Entire DC Network
Cadillac Leasing L.P. V Kamara
Department Of Hous. Preserv. & Dev. Of The City Of N.Y. V Ohebshalom
Department Of Hous. Preserv. & Dev. Of The City Of N.Y. V Ohebshalom
All Decisions
No abstract provided.
1614 Midwood Holdings Llc V. Tiliaeva
1614 Midwood Holdings Llc V. Tiliaeva
All Decisions
Granting motion for reargument and granting summary judgment in tenant’s favor, dismissing the case. Underlying motion for summary judgment argued that landlord was unable to maintain the proceeding because the tenant is rent stabilized without a current lease. Judge denied motion, finding that landlord’s acceptance of ERAP payment constituted a lease and/or agreement. Motion for reargument argued that the proceeding was commenced in November 2022 and landlord did not accept ERAP payment until December 2022, therefore at the time that the proceeding was commenced there was no lease and/or agreement in effect.
Bayridge Air Rights Inc. V. Krivorot
Bayridge Air Rights Inc. V. Krivorot
All Decisions
Landlord filed a non-payment proceeding against tenant in a Mitchell-Lama apartment. Tenant moved to dismiss, arguing that the rent demand included non-rent charges (air conditioning and dishwasher fees) in violation of RPAPL § 702(10). Court granted tenant's motion, finding that the inclusion of non-rent charges rendered the rent demand defective and that the error was not de minimis. Case dismissed without prejudice.
Stuyvesant Town-Peter Cooper Village Tenants Association V. New York State Division Of Housing And Community Renewal
All Decisions
No abstract provided.
Mhk Assoc., Llc V. Lafferty
All Decisions
This is a holdover summary proceeding where the landlord sought to evict the tenant for failing to sign a renewal lease. The tenant appealed the denial of her motions for summary judgment, discovery, and sanctions. The Appellate Term affirmed, finding material issues of fact regarding the lease renewal and that the tenant's discovery request was overbroad. The tenant's motion for sanctions was also denied.
7 E. 14, Llc V. Libson
All Decisions
Landlord appealed from an order of the Civil Court granting tenant's motion to dismiss a nonpayment petition. The Appellate Term affirmed, holding that a nonpayment proceeding cannot be used to collect rent for a period after the lease has expired. The court also held that landlord's claim for rent arrears that accrued before the lease expired was properly dismissed because landlord did not amend the petition.
Mhk Assoc., Llc V. Trapp
All Decisions
Landlord brought a holdover proceeding against tenant for failure to sign a lease renewal. Tenant sought summary judgment dismissing the petition, leave to conduct discovery, and consolidation with another case. The court denied tenant's motion for summary judgment, finding material issues of fact regarding the validity of the renewal offer and compliance with rent stabilization regulations. The court also denied tenant's overbroad discovery request and request for consolidation. Key Legal Points: 1) Renewal offers must be at the legal regulated rent and on the same terms and conditions as the expiring lease; 2) Discovery requests must be narrowly tailored to …
Grossman V. Ragoonath
All Decisions
Landlord sought to evict tenant based on a 90-day notice to terminate tenancy. Tenant denied the existence of a tenancy agreement. The court found that landlord failed to prove the existence of a tenancy agreement and dismissed the petition. Key Legal Points: 1) Petitioner must prove the existence of a tenancy agreement in a holdover proceeding; 2) Oral rental agreements are valid but must be proven by a preponderance of the evidence; 3) Discontinued HP cases have little preclusive value.
Decker Assoc. Llc V. Kim
All Decisions
This is a holdover case where the tenant held over after the lease expired. The landlord brought a summary proceeding against the tenant for unpaid rent. The tenant appealed, arguing that she was not liable for the rent because she was not a party to the lease. The Appellate Term, First Department modified the judgment to reduce the amount of rent owed by the tenant, but otherwise affirmed the judgment for the landlord. Key Legal Points: 1) A month-to-month tenancy is created under the same terms and conditions as the lease when a lease expires. 2) A person who is …
Wilmington Savings Fund Society, Fsb V. Gordon
Florim Realty Corp. V. Paulino
Florim Realty Corp. V. Paulino
All Decisions
In Florim Realty Corp. v Paulino, the appellate court deemed an appeal from a "decision and order" as an appeal from the ensuing judgment. The judgment was modified to reduce the plaintiff's damage award, affirming the decision with modifications. The court upheld the trial court's determination that the defendant executed a lease without intent to occupy the premises himself, leading to a holdover proceeding. The court found the defendant liable for holdover damages due to his son's continued occupancy after the lease term. Additionally, the judgment was adjusted to credit the defendant's security deposit, as the plaintiff had no basis …
Yucca Holding Corp. V. Labarre
Yucca Holding Corp. V. Labarre
All Decisions
In Yucca Holding Corp. v Labarre, the appellate court affirmed the lower court's denial of the landlord's motion for costs and sanctions in a holdover summary proceeding. The court ruled that the conduct of the respondents' counsel, though arguably improper, did not warrant sanctions under 22 NYCRR § 130-1.1, as it did not rise to the level of frivolous conduct. Despite directing the client not to answer three questions during the deposition, the conduct was not egregious enough to justify imposing monetary sanctions and awarding legal fees and costs. The court highlighted that the questions were eventually answered without court …
Westbury Flats Llc. V. Larose
All Decisions
In this holdover licensee proceeding, the landlord sought possession of the premises, alleging that the respondent did not have a legal right to occupy the property. The respondent, represented by counsel, successfully filed a late answer asserting the affirmative defense of succession after appearing in court. Subsequently, the respondent moved for summary judgment, claiming succession rights. Despite several adjournments to allow the petitioner time to oppose the motion, no opposition was filed. The court, having not received any written opposition, granted summary judgment for the respondent, finding that succession had been proven and dismissing the petition. The landlord later sought …
41-47 Nick Llc V. Odumosu
All Decisions
The tenant moved pre-answer to dismiss the landlord's holdover petition, arguing improper service of the termination notice. The court agreed with the tenant, finding that the landlord failed to meet the statutory requirements for service. Consequently, the case was dismissed, and the tenant substantially prevailed.
Eirinikostas Llc V. Kirkos
All Decisions
The landlord commenced a nonpayment proceeding against the tenant. The tenant moved to dismiss the proceeding, arguing that the landlord had accepted Emergency Rental Assistance Program (ERAP) payments that covered the rent arrears. The court granted the tenant's motion and dismissed the proceeding, finding that the rent demand was not a good faith estimate of the rent due because it failed to reflect the ERAP payments. Key Legal Points: A rent demand must be a good faith estimate of the rent due and must reflect any payments made by the tenant, including ERAP payments.
Birdie 141 Broadway Assoc., Llc V. Cruz
Birdie 141 Broadway Assoc., Llc V. Cruz
All Decisions
In this holdover proceeding in the Civil Court of the City of New York, Manhattan, the court denies the tenant's motion to dismiss and motion for summary judgment. The landlord initiated the case based on chronic late rental payments by the tenant, alleging breach of lease. The tenant argued for dismissal citing the statute of limitations and sought summary judgment claiming the landlord's failure to make repairs justified rent withholding. The court ruled that the statute of limitations did not bar the case and that the tenant's claims regarding the landlord's failure to make repairs were triable issues of fact, …
Ilan Props., Inc. V. Hendler
All Decisions
The court declined to decide if the tenant has the right to occupy the apartment or if the landlord has standing to evict, finding these issues require Supreme Court resolution due to the agreements' arbitration provisions. The landlord sought to evict the tenant, claiming she no longer used the apartment as her primary residence in violation of the lease. The tenant argued the agreement mandated arbitration and lacked standing for eviction. The court denied both motions for summary judgment and compelled arbitration, but later stayed arbitration upon finding the court, not an arbitrator, should decide the threshold issues of occupancy …
Knowles V. 21st Mtge. Corp.
All Decisions
A former owner who resided in the foreclosed house after the foreclosure date maintained exclusive possession and successfully challenged an illegal lockout by the new owner. The court emphasized the need for proper legal procedures for eviction and the fact that failing to pay bills alone does not constitute abandonment. While the condition of the house suggested hoarding, it was not enough to disprove the tenant's claim of residency. Key legal points: 1) Former owners with exclusive possession are not licensees subject to eviction without due process. 2) Self-help evictions are prohibited even after foreclosure. 3) Non-payment of bills alone …
Congregation Ohel Yizchock V. Leitman
Congregation Ohel Yizchock V. Leitman
All Decisions
The landlord brought a non-payment proceeding against the tenant after the lease expired, but before the commencement of the proceeding, the tenant applied for and received ERAP benefits. The court found that the tenant's actions implied an agreement to continue paying rent in exchange for the ERAP assistance, even though there was no written lease agreement in effect. This case expands the potential for landlords to bring non-payment proceedings without a written lease agreement if the tenant has taken steps that imply an agreement to continue paying rent.
Matter Of 612 W. 144 Realty Llc V. New York State Div. Of Hous. & Community Renewal
Matter Of 612 W. 144 Realty Llc V. New York State Div. Of Hous. & Community Renewal
All Decisions
The court reversed DHCR's order granting a tenant's overcharge complaint because DHCR did not request itemized cost breakdowns for contractor and electrician work, as required by its own rules. The court also found DHCR's reliance on an AOD that prohibited its use against the landlord's affiliates to be arbitrary and capricious. The case was remanded to DHCR to allow the landlord to submit itemized costs.
276-W71, Llc V. Santamaria
All Decisions
In this nonpayment proceeding, the court granted the tenant's motion to vacate the warrant of eviction due to the petitioner's failure to participate in processes to procure rent arrears from HRA. The court stayed execution of the warrant until the petitioner completes the City FHEPS package and the tenant pays the rent owed, emphasizing the equitable factors involved and the requirement for tenants to pay rent owed to permanently stay the warrant of eviction.
Expert Knowledge, Democratic Accountability, And The Unitary Executive, Barry Sullivan
Expert Knowledge, Democratic Accountability, And The Unitary Executive, Barry Sullivan
Fordham Law Review
Proponents of the “unitary executive” theory hold that “all federal officers exercising executive power must be subject to the direct control of the President.” But how, as a constitutional matter, should such presidential control be defined, and how should it be effectuated? Unitarians are not united. Kevin H. Rhodes and Professor Steven G. Calabresi identify at least three distinct versions of the theory, which reflect a diversity of responses to those questions. The strongest or most aggressive version (which may also find the least support in the relevant jurisprudence) holds that the President may “supplant any discretionary executive action taken …
Concerted Civic Administration, Peter M. Shane
Concerted Civic Administration, Peter M. Shane
Fordham Law Review
With the benefit of hindsight, the Roberts Court’s decision in Free Enterprise Fund v. Public Company Accounting Oversight Board marked the arrival in the U.S. Supreme Court of what has aptly been called the “separation-of-powers counterrevolution.” For the first time in history, the Court voided statutory criteria limiting the removability of a subordinate officer by a principal officer within the executive branch. Since then, the Court has crafted an increasingly complex separation-of-powers jurisprudence aimed at protecting the President’s supposed Article II authority to control subordinate administrators. Underlying this jurisprudence is the Court’s supposition that, constitutionally speaking, executive branch administrators “wield …
The President's Fourth Branch?, Bijal Shah
The President's Fourth Branch?, Bijal Shah
Fordham Law Review
Unitary executive theory has taken hold of the administrative state, motivated by the view that agencies constitute a rogue fourth branch of government. Emboldened by the U.S. Supreme Court, the President has begun to interfere with administrative accountability to important criteria including statutory procedural requirements that impact both public participation and administrative due process, the expectation that agencies engage neutral expertise to implement the law, and the obligations of judicial review. As a result, this Essay argues, rather than constituting a fourth branch that is unaccountable to the President, the administrative state has been encouraged by the President and courts …
H & L Broadway Holding Llc V. Salaj
H & L Broadway Holding Llc V. Salaj
All Decisions
This is a nonpayment case in which the landlord brought a summary proceeding against the tenant for nonpayment of rent. The tenant asserted a defense of breach of the warranty of habitability, alleging that leaks and water damage in the apartment rendered it uninhabitable. The court found that the tenant failed to meet their burden of proving the breach of warranty of habitability defense, and granted judgment to the landlord for the unpaid rent.
Article Iii, The Bill Of Rights, And Administrative Adjudication, John M. Golden, Thomas H. Lee
Article Iii, The Bill Of Rights, And Administrative Adjudication, John M. Golden, Thomas H. Lee
Fordham Law Review
Modern reconsideration of legal constraints on the federal administrative state has commonly focused on agency rulemaking but seems increasingly concerned with agency adjudication. In this Essay, we provide an overview of constitutional issues implicated by administrative adjudication. We specifically explain how and why the so-called public-rights doctrine generally allows federal administrative adjudication outside private-rights actions substantially linked to traditional actions in law, equity, or admiralty. We also discuss how constitutional provisions outside Article III—including Bill of Rights protections of individuals as against the federal government—may nonetheless require a role for Article III courts even in so called public rights cases, …