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Articles 451 - 480 of 12990
Full-Text Articles in Entire DC Network
8 E. 102nd St. Llc V. Chapman
All Decisions
In a nonpayment case, the court denied the tenant's motion to compel discovery, finding it moot because the landlord had produced the requested water tests in its opposition papers. The court also denied the tenant's separate request for further discovery, citing a prior stipulation between the parties. That stipulation mandated that the tenant withdraw her discovery motion if the landlord made a specific representation about the lack of other water quality complaints, which the landlord did. The court held that the parties are bound by the plain language of their stipulation.
2244 Morris Realty Llc V. Kemavor
2244 Morris Realty Llc V. Kemavor
All Decisions
In this nonpayment proceeding, the court dismissed the landlord's petition without prejudice, granting the tenant's motion. The dismissal was predicated on the landlord having initiated a subsequent, duplicative nonpayment proceeding seeking rent. The court reasoned that the later-filed proceeding's rent demand should provide notice of all outstanding rent, rendering the initial proceeding superfluous. This decision prevents parallel litigation over the same or overlapping rent arrears, ensuring clarity for the tenant regarding the total amount demanded.
Meier V. 451 W. Owners Ltd.
All Decisions
In an HP proceeding, a landlord was held in civil contempt for failing to correct violations, leading to a $240,560 money judgment for civil penalties. The landlord moved to vacate the judgment and HPD's restraining notice. The court denied the motion to vacate the judgment, affirming its validity and rejecting arguments for its modification. However, the court did vacate the restraining notice, finding it **defective** for non-compliance with the notice requirements of **CPLR 5222**, but did so without prejudice. The ruling allows HPD to re-serve a proper notice to enforce the a valid judgment.
Wellington V. Lucien
All Decisions
A landlord's motion to amend a petition to correct a misdescription of the premises was denied, leading to the dismissal of the holdover case. The court found that the misdescription, a violation of RPAPL § 741(3), was a fatal jurisdictional defect that could not be corrected, even though the parties had previously stipulated to a final judgment of possession. The tenant's cross-motion for harassment was also denied without prejudice, with the court advising the tenant to seek relief in a separate HP action, as the prior two-attorney stipulation of settlement had not addressed the harassment claims. The ruling highlights that …
Vital Brookdale Llc V. Moore
All Decisions
In this holdover proceeding, the court denied the landlord's application for a default judgment and dismissed the petition. The landlord alleged the tenant failed to comply with income recertification procedures. The court found the petition improperly verified by an attorney lacking personal knowledge. Crucially, the court held that the lease provision, which allowed termination upon ten days' notice for non-compliance, constituted a condition, not a conditional limitation. Consequently, a summary holdover proceeding could not be maintained as a conditional limitation, providing for automatic lease expiration upon notice, was absent.
Krcm Realty Co. Inc. V. Ahmad
All Decisions
The court granted the tenant's motion for contempt, finding both the landlord and its principal, Karan Singh, in civil contempt for their willful failure to comply with multiple court orders and stipulations to repair a severe rodent and cockroach infestation. The court awarded the tenant over $21,000 in compensatory damages, including a full rent abatement for 11 months and $5,000 for personal property destroyed by pests. The landlord was given 30 days to abate the nuisance, after which the court would impose a $100 daily fine as a rent credit. The court also warned that failure to comply would result …
Sologoub V. Wyble
All Decisions
In this nonpayment proceeding for a 3-unit building, the Civil Court of the City of New York granted the tenant's motion for a directed verdict, dismissing the petition. The landlord failed to establish a prima facie case by not providing a complete lease with rental amounts or a proper rent breakdown. Although the tenant testified to a $1,650 monthly rent, the rent demand sought $2,900, rendering it defective and non-amendable. The court also noted the landlord's violation of a discovery order to produce all necessary documents. The tenant's counterclaims were severed without prejudice.
Mcmanus Realty Servs., Llc V. Ilabaca
Mcmanus Realty Servs., Llc V. Ilabaca
All Decisions
In a holdover proceeding alleging a tenant breached their lease by making unauthorized alterations, the court dismissed the case. The court found that the predicate notice to cure and notice of termination were defective as a matter of law because they failed to cite any specific lease provision that was allegedly breached. The court rejected the landlord's argument that such a provision "undoubtedly" existed, stating that the landlord-tenant relationship is created by a contract and the court cannot assume the existence of a term without the agreement itself.
Fellin V. Martinez
All Decisions
In this licensee holdover proceeding, the tenant moved to dismiss the petition, arguing it was defective for failing to state why the premises were exempt from the New York Good Cause Eviction Law (GCEL) and for not disclosing the number of units owned by the landlord and their addresses, as required by Real Property Law (RPL) § 214 and RPAPL § 741. The court granted the tenant's motion, dismissing the proceeding without prejudice, finding the landlord failed to comply with RPL § 214 by not providing the required ownership information for a "small landlord" GCEL exemption claim.
19 W. 89th St. Llc V. Cornine
All Decisions
In this ejectment action, the court granted the landlord's motion for summary judgment, awarding $114,036.68 in use and occupancy and possession of the rent-stabilized apartment. The tenant's various defenses, including claims of a defective rent demand, issues with the landlord's corporate name, an invalid renewal lease, and breach of the warranty of habitability, were all rejected. The court found that the tenant owed rent arrears from February 2018. The tenant's cross-motion to amend the answer to add affirmative defenses and a counterclaim was denied as unmeritorious. The court emphasized that the landlord sought possession due to non-payment, not the tenant's …
Dunbar Apt. Holdings Llc V. Johnson
Dunbar Apt. Holdings Llc V. Johnson
All Decisions
The court granted the tenant's motion to amend her answer and for discovery related to a rent overcharge counterclaim. The tenant's counsel argued that a large increase in the registered rent, following a period of purported temporary exemption, was unreliable under the amended Rent Stabilization Code. The court agreed, citing a recent First Department decision and noting that the 2014 amendment to the Rent Stabilization Code bars a landlord from charging a "first rent" after a temporary exemption. The decision allows the tenant to proceed with discovery to determine the reliability of the rent history.
756 Liberty Realty Llc V. Garcia
756 Liberty Realty Llc V. Garcia
All Decisions
The court dismissed the landlord's nonpayment petition with prejudice, finding that the landlord failed to prove the apartment was lawfully deregulated. The landlord claimed deregulation based on a high-rent vacancy and Individual Apartment Increases (IAIs), but could not provide any documentary evidence of the alleged renovations. The court found the landlord's testimony and the DHCR rent registrations unreliable due to numerous inconsistencies and errors. The court concluded that the landlord failed to meet its burden of proof to establish a valid rent increase, affirming that the apartment remains rent-stabilized and directing the landlord to offer the tenant a proper rent-regulated …
Ppc Residential Llc V. Urtarte
Ppc Residential Llc V. Urtarte
All Decisions
In a nonpayment proceeding where the petition was dismissed, the court denied the landlord's motion to dismiss the tenant's counterclaims. The court held that the counterclaims, which alleged **breach of the warranty of habitability**, survived the dismissal of the petition because the amended answer containing them had been deemed filed prior to the dismissal. The court also denied the landlord's request for an extension of time to file a reply, finding they failed to provide a reasonable excuse for the delay. The court, however, did grant the landlord's motion to join the condominium board as a necessary party, to determine …
Lemena Holdings Llc V. Wo Kee Noodle Inc.
Lemena Holdings Llc V. Wo Kee Noodle Inc.
All Decisions
The court denied the tenant's motion to dismiss the nonpayment petition, which was based on a claim of res judicata from a prior dismissed case. The court found that the previous dismissal was due to a **defective rent demand**, a procedural prerequisite, and not a decision on the merits of the underlying claim for rent. Therefore, the doctrine of **res judicata** did not apply to bar the landlord from commencing a new proceeding after correcting the deficiency in the predicate notice. The court reasoned that a dismissal based on a failure to comply with a preliminary act does not preclude …
The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner
The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner
Fordham Environmental Law Review
The United States is entering a new era of environmental law. Within the first few months of President Trump’s second term in office, the administration issued a mass of executive orders, memoranda and policy changes that seek to peel back environmental protections, in many cases, to the point of erasure. The administration shuttered entire agencies, such as USAID, dissolved the Environmental Protection Agency’s research arm, terminated life-saving programs like the National Weather Service’s translation service, cut funding to housing and public health initiatives, and eliminated diversity, equity, and inclusion programs across the country. Given the reality of these large-scale drawbacks, …
5539-181 & 182 Prospect Park W. Brooklyn Llc V. Rivera
5539-181 & 182 Prospect Park W. Brooklyn Llc V. Rivera
All Decisions
In this licensee holdover, the tenant moved for summary judgment, arguing he was a "disabled person" under rent control regulations and thus only required to prove one year of co-residency for succession rights. The landlord argued against applying the broader definitions from the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), favoring the narrower standard of the original Americans with Disabilities Act (ADA) as applied in a prior appellate case. The court, however, ruled that whether the tenant is a "disabled person" is a triable issue of fact and that it may appropriately look to the ADAAA for guidance, …
Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan
Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan
Fordham Environmental Law Review
After the Supreme Court overruled Chevron deference in Loper Bright v. Raimondo, commentators warned of the detriment to federal agencies resulting from the loss of judicial deference to agencies’ interpretations of the statutes they administer. This Essay takes a different approach and examines how advocates for agency authority can use this shift away from judicial deference to their advantage—by refocusing litigation strategy toward congressional delegations. Statutory interpretation arguments need no longer focus on whether an agency is intruding on the judicial prerogative to interpret the law and can now focus instead on whether a court is intruding on the …
An Alternate History Of Chevron, With A Lesson For Today, Michael Herz
An Alternate History Of Chevron, With A Lesson For Today, Michael Herz
Fordham Environmental Law Review
It is a banal truism that judicial deference to agency decisionmaking enables the executive branch to pursue its agenda, whatever that agenda may be. That was obvious to all in the early years of the Chevron decision, which was greeted enthusiastically on the right and skeptically on the left. In Chevron itself, and for a while thereafter, deference advanced the Reagan deregulatory program. Over the years, a subtler conclusion gained consensus: overall and in the long haul, judicial deference is likely to have a net pro-regulatory impact. Hence the right’s hardened opposition to Chevron leading up to its demise. But …
Riverbay Corp. V. Dawson
All Decisions
In this nonpayment case, the tenant's attorneys made an oral motion for a civil penalty under CPLR § 5020(c) against the landlord for failing to file a satisfaction of judgment within 20 days after receiving full payment. The court dismissed the application, holding that Housing Court, a special proceeding, lacks jurisdiction to hear this claim. The court reasoned that CPLR § 5020(c) specifies that such a penalty is "recoverable by the judgment debtor" in a separate plenary action, not within the confines of a summary proceeding. The tenant was directed to pursue the claim in a different venue, such as …
Seventh Regiment Armory Conservancy, Inc. V. Knickerbocker Greys
Seventh Regiment Armory Conservancy, Inc. V. Knickerbocker Greys
All Decisions
In this commercial holdover dispute between two non-profits regarding space in a historic armory, the court partially granted and denied both parties' summary judgment motions. The court found that a new law (L. 2024 Ch. 659), which was passed during the pendency of the proceeding, was clearly intended to prevent the eviction of the respondent, a "legacy cadet corps program" that had occupied the space for over a century. Applying principles of statutory construction, the court prioritized the legislature's intent over a literal interpretation of the law. It rejected the petitioner's arguments that the law was unconstitutional or that the …
Moore V. Diouf
All Decisions
In an HP action, the court held the landlord in contempt and found that his conduct constituted harassment. The tenant initiated the proceeding due to a lack of heat and electricity. Despite multiple court orders and a stipulation, the landlord failed to restore services and repeatedly denied the tenant access to retrieve personal belongings. The court found the landlord's testimony to be not credible and his defiance of court orders to be willful. For these violations and for harassment, the court entered a money judgment against the landlord for a total of $6,000, with $4,000 awarded to the tenant and …
Alekna V. 207-217 W. 110 Portfolio Owner Llc
Alekna V. 207-217 W. 110 Portfolio Owner Llc
All Decisions
The Appellate Division, First Department, remanded this class action for trial to determine if the landlord engaged in a fraudulent scheme to deregulate apartments while receiving J-51 tax credits. The court applied the "totality of the circumstances" standard, which superseded the stricter common-law fraud standard, and held that tenants must prove the landlord "knowingly engaged" in the fraudulent scheme. The decision found no impermissible retroactive effect in applying the new standard and affirmed that managing agents can be held liable for their participation in a fraudulent scheme. The court denied the tenant's summary judgment motion and modified the lower court's …
445 Bleecker Bh Llc V. Fausto Alejandro Jara Castro
445 Bleecker Bh Llc V. Fausto Alejandro Jara Castro
All Decisions
In this non-payment case, the court granted the tenant's motion for summary judgment, dismissing the proceeding. Although the building predated C of O requirements, the court found that the landlord had illegally altered the building by creating additional apartments without the required permits. This action constituted a violation of Multiple Dwelling Law §§ 301 and 302, which prohibits a landlord from collecting rent or maintaining a non-payment action for an illegally occupied dwelling. Based on judicial notice of DOB and ECB violations, the court determined the landlord was barred from pursuing the action, resulting in a substantial win for the …
700 Bklyn Realty Llc V. Lynch
All Decisions
The court granted the landlord a money judgment for legal fees and use and occupancy in a non-primary residence holdover. The tenant failed to appear or provide discovery, leading to a default judgment of possession for the landlord. The court found the landlord was the prevailing party and therefore entitled to fees under the lease. Citing public policy to discourage non-primary residence occupancy, the court awarded the landlord $54,780 in legal fees and a separate judgment of $65,298.97 for use and occupancy and eviction costs.
700 Bklyn Realty Llc V. Forsythe
700 Bklyn Realty Llc V. Forsythe
All Decisions
The court granted the tenant's motion to join the Department of Social Services (DSS) as a party but denied DSS's motion to appoint a guardian ad litem (GAL) for the occupant. The court reasoned that a GAL in housing court is not equipped to handle the complex social, financial, and medical needs identified by DSS, which are more appropriate for an Article 81 guardianship. The court also denied a further stay of the eviction, expressing skepticism that a GAL would serve as anything more than a "public relations device" to mask systemic failures in providing adequate social services.
Matter Of West Pierre Assoc. Llc V. Harvey
Matter Of West Pierre Assoc. Llc V. Harvey
All Decisions
In this consequential decision, the Appellate Division, First Department, reversed a lower court's ruling and allowed a tenant to challenge the legality of her rent. The tenant's lease began in 2020, after the Housing Stability and Tenant Protection Act (HSTPA) became effective, but the alleged unlawful rent increase dated back to 2014. The court held that applying the HSTPA to this case was a prospective application, not a retroactive one, and therefore, the tenant could examine the entire rent history under HSTPA's Part F. The court granted the tenant's motion for discovery and reinstated her rent overcharge counterclaim.
Lana, Llc V. Coffie
All Decisions
In this case, the landlord sued to recover unpaid rent and use and occupancy after a tenant's eviction was delayed for over two years due to COVID-19 moratoria. The Appellate Division reversed the lower court, holding that the landlord's claim for arrears that accrued after the final judgment of possession was not barred by the doctrine of res judicata. The court reasoned that the unique circumstances of the pandemic-related delay meant the later-accrued costs were not part of the same "transaction" as the initial holdover proceeding. It also held that the landlord's claims for damages from the tenant's failure to …
Kersey V. 491 Equities Llc.
All Decisions
In an HP action, the court found the landlord failed to correct defective floors in the tenant's apartment as required by a prior order. Despite the landlord's claim of having made repairs, the court determined that the use of wood putty was insufficient and a proper repair required replacing the subfloor and flooring. The court issued a new Order to Correct and scheduled a hearing for the imposition of civil penalties, finding the landlord's non-compliance was a continuous violation of the Housing Maintenance Code.
Olr Mm, Lp V. Larue
All Decisions
The court granted the tenant's motion to dismiss the landlord's holdover petition for failure to complete annual recertification. The court found that the petition was fatally defective because it failed to plead the full rent regulatory status of the tenancy. Specifically, it omitted the existence of a regulatory agreement between the landlord and HPD, which governs the tenancy and affects the tenant's rights. The court held that this omission, which deprived the court of an understanding of the entire regulatory framework, was not a mere technicality and warranted dismissal.
Olr Mm, Lp V. Larue
All Decisions
The court dismissed the landlord's nonpayment petition, citing two independent grounds. First, the landlord failed to serve the mandatory VAWA notice and certification form with the predicate notice, a fatal defect because the building is part of a federally covered housing program. Second, the court applied the doctrine of **judicial admission**, finding that the landlord's subsequent holdover petition, which stated that the tenant owed **no rent** through a date after the nonpayment was filed, was a binding admission that negated a critical element of the current petition. The case was restored to the calendar for a trial on the tenant's …