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Articles 31 - 60 of 13084
Full-Text Articles in Entire DC Network
Lin V. Genis-Perez
All Decisions
After trial in this GCEL lease expiration holdover, court takes up two questions: whether small landlord ownership disclosures must appear in the predicate notice, and whether landlord may add them to the petition post-trial. On the first, a plain reading of the statutes places those disclosures in the petition — not the termination notice. On the second, with no showing of prejudice by tenant, court allows the amendment under CPLR § 3025 and reopens the trial record so tenant may contest whether landlord qualifies for the exemption.
Vavaroutsos V. 511 H+H Llc
All Decisions
Respondents held in civil contempt for non-compliance with the July 20, 2026 Order to Correct directing restoration of gas and hot water service within 14 days. Respondent's opposition—consisting solely of a self-serving affirmation with no proof that any licensed plumber was retained, hired, or paid—fails to establish inability to comply or any concrete steps taken. Good-faith efforts are not a defense to civil contempt. Penalty: \$250 fine under Judiciary Law §773; DHPD awarded \$29,250 in civil penalties under HMC §27-2115(h). Contempt purged by restoring service by October 1, 2026 (heat season start).
Camba Inc. V. Sutton
All Decisions
Cross-motion to amend petition granted under CPLR 3025(b); respondent's motion to dismiss denied as moot. Proposed amendments—correcting the termination date, reclassifying respondent as licensee rather than subtenant, adding supportive housing regulatory context, and expressly stating the GCEL exemption—elaborate on information already incorporated by reference from the predicate notice. No prejudice to respondent where the core factual theory of derivative licensee occupancy through the original program participant's program participation was disclosed in the predicate notice.
361 E. 50th St. Llc V. Lupo
All Decisions
Appellate Term 1st Dept affirms Housing Court decision denying tenant's motion to vacate a two-attorney stipulation of settlement. Tenant failed to meet the very high standard for vacatur of two-attorney stipulations and had benefitted from the stipulation. Tenant's argument that the apartment may have been unlawfully deregulated was held an insufficient basis to vacate, particularly where tenant offered no facts to challenge the high-rent vacancy deregulation.
Jagram V. Dadwah
All Decisions
RPL §231-c requires a GCEL notice to accompany any RPL §226-c termination notice — either annexed or folded into it. Landlord served the GCEL notice separately; the 90-day notice to quit went out without it. Court dismisses the petition on that unamendable defect. Court separately clarifies that, post-HSTPA, a notice of termination need not expire on the last day of the tenancy term. Dismissal is without prejudice.
2430 Morris Ave Associates Llc V. Jimenez
2430 Morris Ave Associates Llc V. Jimenez
All Decisions
Nonpayment proceeding settled November 2025; final judgment entered by stipulation March 2026. Respondent defaulted on the stipulation due to unexplained delays by Bronxworks APS in processing her CITYFHEPS application—delays compounded when DSS/HRA notified her of an approval that turned out to be erroneous and opened a "rent review" investigation its own attorney could not explain in court. Respondent moved on an OSC for joinder of APS and DSS/HRA under NYC CCA §110(d) and a stay of execution. Court grants joinder, finding that formal party status will yield the required information more efficiently than a subpoena to DSS's Office of Legal …
715 St. Marks Tenant Assn. V. M&M Crown Realty, Llc
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.
Boulevard Together Master Tenant Llc V. Jefferson
Boulevard Together Master Tenant Llc V. Jefferson
All Decisions
OSC under RPAPL §749(3) denied for lack of good cause—the application has been pending since April 2026 with no movement. Court stays warrant to September 30, 2026 in the interest of justice, accounting for the GAL's good-faith efforts, the 2023 index number case with $14,843.20 outstanding, and the bureaucratic maze encountered by a court that joined both APS and HRA as co-respondents under CCA §110(d) only to learn that DSS could give no case-specific information on either application.
Ming Yue Llc V. Chen
All Decisions
Court grants tenant's pre-answer motion to dismiss illegal sublet holdover for failure to state a cause of action under CPLR 3211(a)(7). Predicate notices failed to allege facts constituting illegal subletting — no allegation of subleasing agreement or rent payments to occupants. Court analyzed RPL § 235-f 'roommate law' and found extended family members (spouse, children, siblings-in-law, niece) were lawful occupants. Predicate notices cannot be amended.
Xia V. Salazar
All Decisions
Court denied landlord's motion to amend petition and granted tenant's cross-motion to dismiss in GCEL holdover. Petition contained contradictory GCEL allegations. Proposed amended petition failed to disclose landlord's direct and indirect ownership interests in other residential real property as required by RPAPL § 741(5-b). Court makes summary determination under CPLR 409(b) dismissing petition without prejudice.
Isaac V. Washington
All Decisions
In no-grounds holdover in allegedly unregulated apartment, court grants tenant's motion to compel landlord to comply with discovery demands under CPLR 3124 regarding tenant's de facto rent stabilization defense, and conditionally precludes landlord from presenting certain evidence at trial under CPLR 3126 if landlord fails to comply. Landlord's cross-motion denied. Court admonishes landlord that it bears the burden of proving the apartment is not rent regulated.
Buddy Properties Llc V. Radomski
Buddy Properties Llc V. Radomski
All Decisions
Court dismissed breach of lease/nuisance holdover alleging bad behavior by tenant's dog without prejudice because original lease lacked a conditional limitation clause. Court engaged in lengthy discussion of conditional limitation clauses and their interaction with RPAPL § 753(4)'s 30-day cure period, holding that absence of a conditional limitation clause in the parties' lease is fatal to a summary proceeding.
800 Fifth Ave. Prop. Owner Llc V. Trenk
800 Fifth Ave. Prop. Owner Llc V. Trenk
All Decisions
In holdover based on alleged GCEL exemption (rent above 245% of fair market under RPL § 214(15)), court denies both parties' motions for summary judgment. Landlord failed to establish deregulation following 421-a expiration due to unresolved issues regarding corporate leases and regulatory history. Tenant's defenses of rent stabilization, GCEL, retaliatory eviction, and rent overcharge survive. Tenant's discovery request denied as records are obtainable from government agencies.
Plaza Off The Park, Hdfc V. Mcgowan
Plaza Off The Park, Hdfc V. Mcgowan
All Decisions
Court dismissed holdover against proprietary lessee in HDFC because petition failed to accurately describe the regulatory status of the unit and tenancy as required by RPAPL § 741(4). Court held that respondent's ability to independently discover the correct regulatory status does not obviate the landlord's burden to describe the premises accurately in the petition from the start.
Webster Senior Building V. Davis
Webster Senior Building V. Davis
All Decisions
Post-eviction court grants tenant's OSC under RPAPL § 749(3) and restores tenant to possession forthwith. HRA one-shot-deal checks for rent arrears were mailed to wrong address after management companies changed. Court finds it inappropriate to keep tenant out of possession given HRA approval, tenant's age, longevity of rent stabilized tenancy, and the bureaucratic error. Warrant re-execution stayed pending HRA reissuance of checks.
Kenilworth Holdings Llc V. New York City Rent Guidelines Board
Kenilworth Holdings Llc V. New York City Rent Guidelines Board
All Decisions
In this Article 78 proceeding, landlords and owners of rent-stabilized homes sought a judicial order annulling the Rent Guidelines Board's (RGB) Apartment & Loft Order #58, claiming it was arbitrary and capricious. The court granted the City of New York's motion to transfer venue from Richmond County to New York County, holding that under CPLR 506(b), venue turns on where the material events took place — i.e., where the RGB deliberated, voted, and arrived at the challenged decision — which was New York County. The court rejected petitioners' argument that Richmond County was proper because rent-stabilized apartments exist there, finding …
Troutman Street Llc V. Aponte
All Decisions
Court sua sponte dismissed illegal use holdover under CPLR 409(b) because predicate notice of termination failed to specify the statute or regulation on which the termination of the rent stabilized tenancy is based, as required by RSC § 2524.2(b). Every notice to vacate must state the ground under RSC § 2524.3 or 2524.4 upon which the owner relies.
Lai V. Wong
All Decisions
Tenant moved to dismiss a holdover proceeding predicated on a 90-day notice of termination, arguing improper service and that landlord's Good Cause Eviction Law notice failed to adequately plead the small landlord exemption from GCEL. The court granted dismissal, holding that the GCEL notice did not provide sufficient specificity to satisfy the statutory notice requirements for the small landlord exemption.
141 Macdonough St. Hous. Dev. Fund Corp. V. Rhodes-Wiggins
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.
141 Macdonough Street Hdfc V. Reid
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 …
Cemt Broadway Inc. V. Asante
All Decisions
In this loft law licensee holdover proceeding, Respondent moved to dismiss on the ground that the notice of petition used a form that deviated from the mandatory form prescribed by 22 NYCRR § 208.42(b) and AO 163/19. Petitioner cross-moved to compel discovery. The court denied the motion to dismiss under the Burnell standard, finding the deviation non-prejudicial to Respondent, and addressed the discovery motion separately.
3338 Fish Ave Llc V. Malcolm
All Decisions
Tenant, who had been self-represented when she stipulated to a final judgment of possession, moved to vacate the stipulation on the ground that she unknowingly waived a complete defense—landlord's failure to plead the applicability of the Good Cause Eviction Law as required for proceedings filed after April 20, 2024. The court granted the motion, finding the stipulation was entered into inadvisedly, and vacated both the stipulation and the judgment and warrant of eviction.
Aras V. B-U Realty Corp.
All Decisions
On remittitur from the Court of Appeals, the Appellate Division First Department addressed the standard for the fraud exception to the four-year lookback rule for rent overcharge claims. The court held that both the common-law standard as refined by Burrows v. 75-25 153rd St. (2025) and the legislature's 2024 statutory 'totality of circumstances' standard for fraudulent deregulation must be applied together, reversing and remanding to Supreme Court.
Matter Of 382 8th Ave. Realty Corp. V. Nys Div. Of Hous. & Community Renewal
Matter Of 382 8th Ave. Realty Corp. V. Nys Div. Of Hous. & Community Renewal
All Decisions
In this Article 78 proceeding, the landlord sought to annul DHCR's determination on a petition for administrative review (PAR), arguing that the building underwent substantial rehabilitation and therefore was not subject to rent stabilization. The Appellate Division, 1st Department affirmed the Supreme Court's dismissal of the proceeding and upheld DHCR's decision, finding that the owner failed to establish substantial rehabilitation. The court upheld the retroactive application of Operational Bulletin 95-2 (issued in 1995 regarding work performed between 1981 and 1984), finding it conformed to the guidelines set by the court. The court found insufficient proof that at least 11 of …
Anglada V. Bradford
All Decisions
In this action to quiet title, the Appellate Division, 2nd Department affirmed an order granting plaintiff leave to enter a default judgment, rejecting defendant's challenges to personal jurisdiction and request to serve a late answer. Defendant argued she was improperly served because she was residing in Aguilla with her husband and children at the time of service. The court found the process server's affidavit established prima facie proper service at the defendant's Brooklyn home. Respondent's evidence did not establish that she had ceased residing in Brooklyn. The court emphasized that a person may have more than one residence and concluded …
Ch North Realty Llc V. Desir
All Decisions
In this nonpayment proceeding involving a rent-stabilized apartment, Respondent Paulette E. Reid moved to amend her answer, serve discovery including interrogatories, and conduct pre-HSTPA rent overcharge discovery. The court granted the motion, finding the proposed amended answer not palpably insufficient and that there was ample need for limited discovery on the overcharge claim.
Cosmopolitan Associates Ii, Llc V. Milan
Cosmopolitan Associates Ii, Llc V. Milan
All Decisions
In this nonpayment proceeding involving a rent-stabilized apartment, Respondent moved to amend his answer to add overcharge defenses and counterclaims and to conduct discovery. The court granted the motion in part, permitting Respondent to add defective registration and overcharge claims dating to 2006 based on a colorable fraud indicia, and granted limited discovery, but denied the claim for discovery predating 2006 and certain other relief.
Perets, Llc V. Riche
All Decisions
Court dismissed holdover petition because landlord's GCEL notice under RPL § 231-c was defective: it indicated the apartment is exempt from GCEL but failed to check the applicable exemption provision box, instead checking the nonpayment box. As predicate notices are unamendable and the defective notice hindered respondent's ability to defend, the proceeding is dismissed.
Dhaliwal V. 234 E 204 Ny Llc
All Decisions
In this illegal lockout proceeding, Petitioner's prior OSC had been dismissed when courts closed for a snowstorm. The court vacated the dismissal, finding the snowstorm a reasonable excuse, and denied Respondent's cross-motion to dismiss, holding that Petitioner's name on the lease, billing statements, and the landlord's prior 90-Day Notice established his occupancy, and that failure to join his father as a necessary party did not require dismissal.
Garcia V. Miller
All Decisions
In this proceeding that converted from a holdover to a nonpayment proceeding and settled by stipulation requiring Petitioner to offer Respondent a rent-stabilized lease at $2,145/month, Respondent moved to compel compliance with the stipulation. The court granted Respondent's motion, ordering Petitioner to provide the agreed rent-stabilized lease and comply with outstanding repair obligations.