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Articles 571 - 600 of 13109
Full-Text Articles in Entire DC Network
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 …
1770 Tpt Llc V. Jackman
All Decisions
In this licensee holdover, the landlord sought to subpoena HRA for a deceased tenant's APS records to disprove the tenant's co-residency for a succession claim. HRA moved to quash, arguing the subpoena was procedurally defective for lack of a motion and personal service, and that the records were confidential. The court granted the motion to quash the original subpoena but, over HRA's objection on confidentiality, allowed a new subpoena to be served correctly. The court limited the scope of the new subpoena to a two-year window and issued a protective order to prevent embarrassment and abuse, balancing the need for …
Audubon 27 Llc V. Viera
All Decisions
In this licensee holdover, the court dismissed the landlord's petition after a trial, finding that one of the tenants was entitled to succession rights to his deceased mother's rent-stabilized apartment. The court found that he had lived with the prior tenant for the requisite two-year period, based on documentary evidence and testimony. Although the court dismissed the succession defense of another occupant, it held that the landlord could not evict the other family members because their occupancy was derivative of the successful successor.
309 10th Owner Llc V. Trautmann
309 10th Owner Llc V. Trautmann
All Decisions
The court dismissed a real estate developer's complaint against an individual and related entities under New York's anti-SLAPP statute. The developer sued for damages, alleging the defendants interfered with a project by falsely testifying before the City Council and sending a disparaging letter to neighbors. The court found that these actions were protected under the anti-SLAPP law and the **Noerr-Pennington doctrine**, which shields a person's right to petition the government. Since the developer failed to show a substantial basis for its claims or evidence of actual malice, the court dismissed the case, and the defendants were awarded mandatory attorneys' fees …
430 Amsteram Partners Llc V. Nguyen
430 Amsteram Partners Llc V. Nguyen
All Decisions
The landlord moved for summary judgment in a nonpayment case. The court denied the motion, finding issues of fact regarding the apartment's rent-stabilized status, which the landlord claimed was deregulated due to high-rent decontrol. The court ruled that the tenant was not estopped from challenging the deregulation, despite having a pending overcharge claim at DHCR. The court also invalidated an out-of-court agreement where the tenant's attorney acknowledged deregulation, citing that any agreement waiving Rent Stabilization Law (RSL) benefits is void. The landlord's contradictory lease submissions further raised factual questions, warranting a trial.
558-566 Parkside Llc V. Gardner
558-566 Parkside Llc V. Gardner
All Decisions
In a non-payment proceeding, the tenant's motion to interpose an amended answer and seek discovery was granted. The court found that the tenant met the "modified ample need" test for discovery and, because the alleged overcharge occurred within the six-year look-back period, no allegation of fraud was required. The court ordered the landlord to produce responsive documents, limited to a six-year period from the date the answer was filed. The landlord was also instructed to provide a "Jackson affidavit" if any documents could not be located.
489 Mm Realty Llc V. Zelaya
All Decisions
The court dismissed the landlord's holdover petition because the predicate notice was improperly served. The affidavit of service stated it was personally served on "Albert Zelaya," but the notice was actually delivered to "Albert Zelaya Jr." Citing the **strict compliance** standard for personal service, the court found the name discrepancy was a fatal defect. The landlord's cross-motion to amend the affidavit was denied because it was not supported by an affidavit from someone with personal knowledge, nor did the landlord demonstrate that the respondent had attempted to evade service.
Valentine V. Alghazali
All Decisions
A landlord's holdover petition was dismissed after the tenant's pre-answer motion for summary judgment was granted. The court found that the process server's affidavit of service demonstrated a failure to make a **reasonable application** to personally serve the tenant before resorting to conspicuous place service. The process server's affidavit alleged that he served the tenant's downstairs neighbor one minute before serving the tenant. The court held that, as a matter of law, waiting less than one minute between attempts at service did not constitute a reasonable application and therefore rendered service defective.
3612 Broadway Partners Llc V. Moreno
3612 Broadway Partners Llc V. Moreno
All Decisions
A landlord's motion for a default judgment was denied, and the court granted a tenant's motion for leave to file a late answer in a non-payment proceeding. The court reasoned that a meritorious defense is not an essential element for a late answer motion when no default judgment has been entered. The court was persuaded by the short, eight-day delay between the tenant's counsel appearing and filing the motion. Citing a lack of prejudice to the landlord and the public policy of resolving cases on their merits, the court granted the tenant's motion.
Idehen V. Stoute-Phillip
All Decisions
An attorney for the landlord was sanctioned for submitting motion papers that cited numerous non-existent cases, which were determined to be the result of using an AI-based research tool without proper verification. The court found this to be frivolous conduct under 22 NYCRR § 130-1.1, warranting a $1, 000 sanction and a referral to the State of New York Grievance Committee. This decision highlights the legal risks and ethical obligations associated with using artificial intelligence for legal research, emphasizing the duty of an attorney to verify all citations and factual statements. The attorney's subsequent filing of a 94-page document with …
Batiz V. Csa Preserv. Partners Llc
Batiz V. Csa Preserv. Partners Llc
All Decisions
The court granted a pro se petitioner's illegal lockout claim, ordering restoration to an apartment he shared with the deceased tenant of record. The court rejected the landlord's "futility doctrine" argument, which claimed the petitioner had no independent right to possession. Relying on the reasoning from a recent Appellate Term, Second Department decision in **Rodriguez v. Hub Bk LLC**, the court determined that as a lawful occupant who had resided in the apartment for at least thirty days, the petitioner was entitled to the protections of a formal legal proceeding before being evicted, regardless of his ultimate possessory rights.