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Fixing The Fix: The Case For Unifying The Remedial Framework Of Apa Rulemaking Challenges, Dea Devlin

Fordham Law Review

Vacatur is the default remedy for successful administrative rulemaking challenges brought under the Administrative Procedure Act (APA). Yet its broad and sweeping effects raise critical questions regarding its appropriateness as a one-size-fits-all remedy. Unlike injunctive relief, which is subject to a rigorous heightened standard, and remand without vacatur, which has a comparable standard of its own, vacatur is routinely awarded without similar scrutiny, leading to inconsistencies in the judicial application of remedies in APA challenges.

Although vacatur can provide a plaintiff with relief, its award conflicts with underlying principles of equity and proportionality. In rulemaking challenges, vacatur can create regulatory …

The Presumption Against Extraterritoriality And Wire Fraud, L. Jackson Howell Jr.

Fordham Law Review

As globalization and technology increasingly blur geographic boundaries, federal prosecutors have turned to the wire fraud statute as a powerful tool for targeting transnational misconduct. Despite its popularity in international fraud prosecution, the statute’s application to foreign conduct continues to raise unresolved and pressing questions under the presumption against extraterritoriality. Specifically, courts have struggled to identify when a domestic wire communication is sufficient to bring a largely foreign fraudulent scheme within the reach of U.S. law. With the U.S. Supreme Court silent on the wire fraud statute directly, and zigzagging in its extraterritoriality jurisprudence more generally, lower courts are split …

Is Your Data Good, Bad, Or Neutral?: Redefining Concreteness For Data Breach Harms, Jeeyoon Lim

Fordham Law Review

In recent years, the Supreme Court has tightened federal court standing requirements for intangible harms, including statutory harms. In TransUnion LLC v. Ramirez, the Court held that a mere statutory violation, absent a common-law analogue, is not sufficiently concrete to grant standing. The Court did not provide clear guidance as to how stringent the common-law analogue analysis must be, other than that it does not require an “exact duplicate.” Because of the ever-evolving nature of digital data, data breach victims attempting to enforce their statutory right to privacy in federal court have struggled to rely on tradition and history …

When The Screen Lies: Navigating Privacy And Publicity In An Ai World, Nancy M. Menagh

Fordham Law Review

A key issue of the 2023 SAG-AFTRA strike was the use of generative AI in the entertainment industry and, more specifically, the creation of uncanny digital replicas of performers being used without their knowledge or consent. Since then, concerns have only intensified around the unauthorized creation and use of digital replicas and the ease with which they can be made and disseminated online. Currently, there is a patchwork of state laws that attempt to target these issues, but they have proven ineffective against the challenges presented by digital replicas.

This Note analyzes the problems digital replicas have raised in the …

Are Your Secrets Safe?: Imposing A Fiduciary Duty On Healthcare Ai Developers Dealing With Sensitive Health Information, Lauren Quinn

Fordham Law Review

In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA) to establish standards for transmitting health information. For decades, the HIPAA Privacy Rule has operated as the primary regulation protecting health information in the United States. However, in the decades since HIPAA was enacted, new technologies have demonstrated the shortcomings of the Privacy Rule. In particular, the development of healthcare artificial intelligence (AI) has created new privacy concerns and exacerbated existing ones. This Note examines the current healthcare privacy framework in the United States and considers how healthcare AI complicates it. This Note also explores how AI developers …

Decision In Art. 78 Proceeding - Bozydaj, Jared (2024-05-08)

Decisions in Art. 78 Proceedings

No abstract provided.

2143 Acp Llc V. James

All Decisions

The landlord initiated a non-payment proceeding. The tenant moved to amend their answer to assert claims including rent overcharge and unlawful deregulation, and for leave to conduct discovery from 1993 to the present. The court granted the tenant's motion to amend the answer, deeming it timely filed. Citing *W Pierre Assoc. LLC v Harvey*, the court found the tenant raised a question of fact regarding the reliability of the rent history, justifying discovery beyond the typical six-year look-back period to ascertain the unit's regulatory status and potential overcharge. Discovery was granted for document production, but interrogatories were partially denied for …

Marion Realty Llc V. Hall

All Decisions

In this non-primary residence holdover, the tenant moved to vacate a two-attorney stipulation of settlement, entered into with prior counsel, which required her to surrender possession. The court denied the tenant's motion, finding no evidence of fraud, collusion, mistake, or accident to invalidate the agreement. The court emphasized that a change of heart or perceived poor bargain by a represented party is insufficient to vacate a duly negotiated stipulation. As a result, the landlord may issue a warrant of eviction against the primary tenant. However, the court granted the co-respondent's motion to dismiss, as the landlord improperly used a "John …

63 St. Marks Place Llc V. Benedek

All Decisions

The Appellate Term reversed a Civil Court judgment for the landlord in a holdover proceeding, remanding for a new trial. The Civil Court had erroneously applied a six-year look-back period to determine the apartment's rent-regulated status, which the tenant challenged. The Appellate Term ruled that a tenant may challenge an apartment's deregulated status at any time, and review of the full rent history beyond the six-year look-back period is permissible to determine if deregulation was lawful, especially regarding pre-HSTPA increases. The court sustained only the landlord's entitlement to an individual apartment improvement (IAI) increase.

Gemini Realty Llc V. Miller

All Decisions

The Appellate Term affirmed a possessory judgment for the landlord in a licensee holdover proceeding, finding the tenant was a licensee whose license was revoked. The court applied judicial estoppel, preventing the tenant from asserting a landlord-tenant relationship after successfully denying one in a prior proceeding. Tenant's defense of landlord's lack of standing was deemed waived for not being raised timely. The denial of the tenant's post-trial motion to vacate the judgment was also affirmed, as the tenant failed to provide evidence supporting any superior title or right to continued occupancy.

135 W. 89th St., Hous. Dev. Fund Corp. V. Powell

All Decisions

The Appellate Term affirmed the dismissal of a nuisance holdover proceeding where the landlord alleged the tenant breached the proprietary lease by failing to maintain the apartment. The court found the landlord's notice of termination defective and insufficient to serve as a predicate for the proceeding. The notice was deemed conclusory, failing to provide factual allegations to support the claim that the defaults specified in the notice to cure had not been remedied during the cure period, particularly considering Adult Protective Services had performed multiple cleanings of the apartment.

G&L Realty Del. Llc V. Schypior

All Decisions

In this licensee holdover, the court denied the tenant's motion to dismiss or stay the proceeding, asserting concurrent jurisdiction with DHCR over succession claims and declining to stay the eviction given the administrative complaint's nascent stage and lack of use and occupancy offer. The court also denied the landlord's cross-motion for summary judgment, which contended that the tenant's B-1/B-2 visa precluded primary residence and thus succession. Citing the visa's long duration and the tenant's several years of occupancy, the court found a triable issue of fact as to whether "unusual circumstances" existed to reconcile the visa status with a claim …

Regency Towers Llc V. Udis

All Decisions

In this non-payment proceeding, the court granted the tenant's post-judgment motions to vacate a default judgment, allow a late answer, and for summary judgment, thereby dismissing the case. The tenant, a 92-year-old suffering from dementia, had a guardian ad litem appointed. The court found that the landlord's property was subject to the CARES Act due to a federally backed mortgage. Consequently, the rent demand, a predicate notice for the proceeding, was required to provide 30 days' notice instead of the 14 days actually given. As a predicate notice cannot be amended, the proceeding was dismissed due to this jurisdictional defect.

First Housing Company Inc. V. Tschiremu

All Decisions

A landlord brought a non-payment proceeding against a tenant in a Mitchell-Lama cooperative. The tenant moved to dismiss the petition, asserting that the predicate rent demand was fatally defective because it included "no affidavit surcharges," which are penalties for non-compliance with income reporting, not rent. The court ruled that such surcharges do not constitute rent and cannot be included in a rent demand for a non-payment eviction. As these improperly included fees represented a significant portion (12.9%) of the total amount demanded, the court found the rent demand defective, failing to fairly apprise the tenant of the rent owed. The …

Williamsburg Hous. Preserv. Lp V. Thompson

All Decisions

In this holdover proceeding, the landlord sought possession of a RAD/PACT unit based on the tenant's alleged failure to provide access. The tenant moved to dismiss, arguing the landlord failed to serve the mandatory federal Violence Against Women Act (VAWA) notices with the predicate termination notice and petition. The landlord cross-moved to amend the affidavit of service but could not prove service of the VAWA notices with the termination notice. The court granted the tenant's motion, dismissing the petition without prejudice, holding that failure to serve the requisite VAWA notices mandates dismissal for covered housing providers.

815 West 180th Group Llc V. Vargas

All Decisions

In this licensee holdover; the court granted the tenant's motion to dismiss the petition; finding the landlord's predicate notice of termination fatally defective. The landlord had temporarily relocated the tenants to a different unit after a fire in their primary residence; alleging they were licensees whose license had expired and were not subject to Good Cause Eviction Law (GCEL) protections. The court found the landlord's pleadings; including the notice of termination and GCEL notice; inconsistent and incomprehensible. It held that these notices failed to accurately apprise the tenants of the fundamental nature and grounds of the proceeding; including their status …

Janel Towers Llc V. Aboagye

All Decisions

In this nonprimary residence holdover proceeding, the landlord moved to restore the case for immediate trial five years after it was marked off calendar for discovery. The court denied the motion, finding the landlord failed to demonstrate a reasonable excuse for the lengthy delay, a lack of prejudice to the tenant, or to address the merits of the underlying nonprimary residence claim. Citing Appellate Term precedent, the court emphasized that a motion to restore, filed more than one year after a case is stricken, requires proof of merit, lack of prejudice, lack of intent to abandon, and a reasonable excuse …

1064 Cauldwell Llc V. Montero

All Decisions

The landlord commenced a nonpayment summary eviction proceeding. The tenant moved to dismiss, asserting the rent demand was defective for failing to credit earmarked HRA payments. The landlord cross-moved to amend the petition. The court granted the tenant's motion and dismissed the proceeding without prejudice, finding the rent demand defective. The omission of HRA payments, representing 17% of the alleged arrears, was deemed more than a de minimis miscalculation and failed to properly apprise the tenant of the amount due. The court denied the landlord's cross-motion to amend, holding that a defective predicate notice is not amendable.

1064 Cauldwell Llc V. Montero

All Decisions

In this nonpayment proceeding, the tenant moved to dismiss the petition, arguing the landlord's predicate rent demand was defective for failing to credit earmarked Human Resources Administration (HRA) payments. The Civil Court, Bronx County, granted the tenant's motion, finding the rent demand did not provide an "approximate good faith sum" of rent due. The court held that the 17% overstatement of arrears was not a de minimis error. Consequently, the rent demand, a condition precedent to a nonpayment action, was deemed defective and non-amendable, leading to the dismissal of the proceeding without prejudice. The landlord's cross-motion to amend the petition …

Park City; Llc V. Rosado

All Decisions

In this licensee holdover proceeding; the landlord sought possession of a rent-stabilized apartment after the tenant of record died. The respondent; the deceased tenant's son; asserted succession rights. The court deemed the respondent's incarceration an excusable temporary absence; modifying the relevant co-occupancy window. Despite the absence of admissible documentary evidence; the court found the respondent and his witnesses; particularly disinterested parties; credible and consistent; establishing co-residency by a preponderance of the evidence. The landlord failed to rebut this showing; leading the court to dismiss the petition in favor of the tenant.

Oved V. Hasbani

All Decisions

In this holdover proceeding; the landlord sought possession of an unregulated unit under the Good Cause Eviction Law (GCEL); claiming the family-use exception. The tenant moved to dismiss for failure to state facts. The Civil Court of the City of New York granted the tenant's motion; dismissing the petition without prejudice. The court held that the landlord's petition; which only recited statutory language without identifying the specific family member or alleging unavailability of alternative housing; failed to satisfy RPAPL § 741(4)'s requirement to state material facts; thus depriving the tenant of adequate notice to frame a defense.

547 W. 147th St. Hdfc V. Henry

All Decisions

In this non-primary residence holdover proceeding; the court granted the tenant's motion for a protective order in part; striking most items in the landlord's notice to admit. The court ruled that CPLR 3123 precludes notices to admit from seeking admissions on ultimate facts central to the case; such as the tenant's primary residence; employment; or voting history in another state. Only admissions concerning the existence and genuineness of a lawsuit were deemed proper. The court also granted the tenant leave to amend their answer to add an affirmative defense challenging the landlord's authority to terminate the proprietary lease; finding it …

317 W. 89th St. Llc V. Bell

All Decisions

In this licensee holdover proceeding, the Appellate Term, First Department, affirmed a Civil Court order denying the landlord's motion to strike the tenant's jury demand. The court held that a jury trial is appropriate where the tenant's counterclaims for harassment and discrimination seek only money damages, making the relief sought legal, not equitable, in nature. The tenant's appeal concerning the striking of her affirmative defenses was deemed abandoned. This decision establishes that counterclaims for monetary damages in a holdover proceeding, even if tied to harassment or discrimination, warrant a jury trial.

Linder V. Lafayette Morrison Hdfc

All Decisions

The Appellate Term affirmed a lower court's decision granting summary judgment to the tenant in an illegal lockout proceeding. The tenant, son of a deceased rent-stabilized tenant, had been locked out after a prior holdover proceeding against his father and him was dismissed without prejudice to a licensee holdover. The court held that the tenant, having previously asserted succession rights and acknowledged occupancy, was either a lawful occupant or in constructive possession and could not be evicted without due legal process, reinforcing the principle that self-help evictions are impermissible.

First Ny Llc V. Marshall

All Decisions

The Appellate Term, First Department, reversed a Civil Court order, reinstating the landlord's holdover petition which sought possession for building demolition. The tenant asserted a waiver defense, arguing the landlord's acceptance of rent payments after serving a nonrenewal notice and during the "window period" vitiated the notice. The court held that the landlord's acceptance of rent, while the demolition application was pending with DHCR and undergoing judicial review, and in accordance with DHCR policy, did not evince an intent to waive the nonrenewal notice. The matter was remanded for further proceedings on the landlord's motion for summary judgment of possession.

Harlem Restoration Hdfc V. Brewer

All Decisions

In this nonpayment case, the court granted a tenant's motion for partial summary judgment on a harassment counterclaim. The judge found that the landlord's repeated failure to correct hazardous violations created a **rebuttable presumption of harassment** under NYC Admin. Code § 27-2004. Since the landlord failed to rebut this presumption, the court awarded the tenant **statutory damages** of $1,000, and imposed a civil penalty of $2,000 payable to HPD. The court also issued a Class "C" harassment violation against the landlord, but the case remains pending for a final determination on the remaining claims.

Decision In Art. 78 Proceeding - Copeland, Phillip (2024-09-06)

Decisions in Art. 78 Proceedings

No abstract provided.

3515 Eastchester Rd., Llc V. Soto

All Decisions

A landlord commenced a "no grounds" holdover proceeding against a tenant. The landlord moved to amend its petition and the "Good Cause Eviction Law" (GCEL) notice, citing new grounds for eviction. The tenant cross-moved for summary judgment, arguing the GCEL notice was not attached to the predicate notice and was defective. The court granted the landlord's motion to amend the petition but denied amendment of the predicate GCEL notice, reaffirming that predicate termination notices are non-amendable. As compliance with GCEL notice provisions is a condition precedent, the court granted the tenant's cross-motion, dismissing the proceeding without prejudice due to the …

201 Linden Blvd Partners, Llc V. Samuel

All Decisions

Court dismissed nonpayment petition because the rent demand failed to credit earmarked DSS/HRA shelter payments and sought rent in excess of the collectible legal regulated rent under a DHCR rent reduction order. Court rejected landlord's contention that the variance between actual arrears owed and the allegations in the rent demand was de minimis.

Long Development Corp. V. Perez

All Decisions

In a nonpayment case, a tenant successfully moved to hold the landlord in civil contempt for violating court-ordered stipulations. The stipulations required the landlord to correct a severe cockroach infestation by implementing **integrated pest management (IPM)** as required by NYC Housing Maintenance Code § 27-2017.8. The court found that the landlord's limited pest control methods—spraying and using traps—were insufficient and constituted disobedience of a clear and unequivocal court mandate. The judge ordered a hearing to determine the tenant's compensatory damages and directed the landlord to immediately begin proper IPM practices.