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Articles 61 - 90 of 12990
Full-Text Articles in Entire DC Network
291 Fountain, Llc V. Prince
All Decisions
In this nonpayment proceeding, the court grants the tenant's motion to amend the answer and for discovery on the issue of rent overcharge. The court holds that unexplained increases in rent and missing registrations in the DHCR rent history 'impugned' the reliability of the rent, and the facts set forth in the supporting documents raised a 'colorable' claim of fraud.
Century Apts Assoc. V. Winston
Century Apts Assoc. V. Winston
All Decisions
In this 'chronic rent delinquency' holdover in a rent-controlled apartment, the court denies the landlord's motion for summary judgment and denies the respondent's cross-motion seeking dismissal, finding that triable issues of fact exist. The court concludes that the term 'chronic' nonpayment is outdated, inappropriately pejorative, and should be discontinued. The court notes there is 'no magic number of prior nonpayment proceedings that is considered dispositive,' and finds salience in the substantial length of respondent's rent-controlled tenancy, which dates to the 1980s.
Brooklyn Hous. Preserv. Lp V. Walls
Brooklyn Hous. Preserv. Lp V. Walls
All Decisions
In this licensee holdover involving a RAD/PACT apartment, tenant — claiming succession rights as a remaining family member — moved to stay the proceeding pending an Article 78 proceeding in Supreme Court challenging NYCHA's denial of her Remaining Family Member Grievance. The court granted a stay pursuant to CPLR §2201, finding the equities heavily favored tenant, who would suffer irreparable harm if evicted before resolution of the Article 78, and that housing court lacked authority to grant succession relief. Stay conditioned on payment of use and occupancy pendente lite.
Wangdu V. Kengmeni
All Decisions
In this civil action by a former landlord against former tenants for use and occupancy, the court reduced the judgment to account for the tenants' warranty of habitability counterclaim, finding that the basement of the single-family rental was uninhabitable for a significant period of time.
Vivid Realty Llc V. Jones
All Decisions
In this nonpayment proceeding involving a HUD-assisted unit, tenant moved pursuant to CPLR §408 for discovery of her tenant file and for an order to correct HPV violations at the premises. On discovery, the court held that tenant established ample need, citing the HUD Handbook Chapter 5 requirement that tenant files be available for tenant review; the court noted this right is not limited by CPLR §408's ample need standard, which is more readily established when a tenant must resort to a court motion to access her own file. All requested documents pertained directly to the central issue of rent …
Dca 1, Lp V. Ferguson
All Decisions
In this holdover, the court declines to find that the VAWA statute covers occupants without tenancy rights. The decision is consistent with the court's prior ruling in CHV 690-738 Albany Avenue LP v Kandil (LT-330166-24/KI, Mar. 11, 2026), and contrasts with Stammtisch Associates LP v Wright (No. 321993-25/KI, June 11, 2026), where the same judge reached a different conclusion.
207-209 West 107th St V. De La Cruz
207-209 West 107th St V. De La Cruz
All Decisions
In this succession holdover, the court grants attorneys' fees to respondent after the parties settled the case with respondent obtaining succession rights. The court holds that RPAPL 702 does not abrogate the right to raise counterclaims for attorneys' fees pursuant to Real Property Law § 234.
Matter Of Mirav Realty, Llc V. Nys Dhcr
Matter Of Mirav Realty, Llc V. Nys Dhcr
All Decisions
In this Article 78 proceeding, the court upheld DHCR's determination finding a rent overcharge. DHCR found that the absence of a preferential rent rider meant that the rent charged constituted the legal regulated rent and that landlord could not obtain rent increases absent a valid executed lease. DHCR denied credit for individual apartment improvements predating the base date and imposed treble damages. The court found DHCR's determination rational and not arbitrary or capricious, and denied the petition.
Wira Assoc. V. Tapper
All Decisions
In this nonpayment proceeding, the court granted tenant's motion for summary judgment on the affirmative defense that landlord was barred from collecting rent pursuant to MDL §§301 and 302. Tenant established, without opposition, that the Department of Buildings had issued at least twelve open violations for occupancy contrary to the building's certificate of occupancy. Pursuant to Chazon, LLC v Maugeneset, 19 NY3d 410 (2012), such violations are prima facie evidence of noncompliance, and the absence of compliance precludes landlord from maintaining a nonpayment proceeding.
Dept Of Hous. Preserv. & Dev. Of The City Of N.Y. V. Silvershore Props. 95 Llc
Dept Of Hous. Preserv. & Dev. Of The City Of N.Y. V. Silvershore Props. 95 Llc
All Decisions
In this HP proceeding brought by HPD for repairs, penalties, and harassment, the court issues a lengthy decision involving a consent order signed by landlords' attorney (Ben Epstein), by which landlords agreed to pay $37,500 in civil penalties, with a provision allowing entry of a $375,000 judgment upon default. After landlords defaulted and judgment was entered, two named respondents moved to vacate the consent order claiming their attorney lacked authority. The court denies the motion, finding the attorney had apparent if not actual authority, and permits service upon the business address filed with HPD pursuant to CCA § 110(m). The …
Smith V. Bernard
All Decisions
In this small claims action by a former tenant for return of their security deposit, the court finds the landlord complied with GOL § 7-108(1-a)(e) by timely providing an itemized statement and with CCA § 1804 by presenting two repair estimates and using the lower one. The landlord rightfully withheld all but $54 of the deposit.
Chun Ying Zhang V. Liya Wang
All Decisions
In this GCEL no-grounds nonrenewal holdover, the court granted reargue but adhered to its prior order dismissing the petition. The landlord, claiming the small landlord exemption, had failed to provide direct and beneficial ownership information required by RPAPL § 741(5-b). The court found the motion to reargue was effectively a motion to amend an already-dismissed petition and therefore failed to satisfy CPLR 2221, which requires showing that the court misapprehended the facts or law.
Briarwood Affordable, Llc V. Flowers
Briarwood Affordable, Llc V. Flowers
All Decisions
In this nonpayment proceeding, the court dismissed the petition for failure to plead landlord's receipt of a Division of Alternative Management Programs (DAMP) and Article XI of the Private Housing Finance Law tax incentive administered by HPD, as required by RPAPL §741(4). The omission was prejudicial to tenant because the undisclosed regulatory agreement restricted the monthly rent landlord could legally charge and hampered tenant's ability to determine whether the legal regulated rent was correct. Amendment was not permitted upon a finding of prejudice.
3100 Brighton 2nd Street Owner Llc V Iavarone
3100 Brighton 2nd Street Owner Llc V Iavarone
All Decisions
In this nonpayment proceeding, the tenant's rent-stabilized apartment showed an unexplained DHCR rent increase of more than 200% between tenancies about 15 years ago. The court grants the tenant's motion for discovery, holding that although such lookback discovery would once have required a colorable claim of fraud, recent changes in the law make this rent history information discoverable and relevant.
Windermere Owners, Llc V. Tarantino
Windermere Owners, Llc V. Tarantino
All Decisions
In this rent-stabilized holdover for failure to sign a renewal lease, the court grants respondent's motion to dismiss because the lease offer was improper: the landlord did not truly offer the option of choosing a one- or two-year term, the proposed lease was on a form not approved by DHCR, and the landlord instructed respondent to return the lease within 10 days (contrary to the RSC). The court rejects respondent's argument that she is not obligated to sign a lease as a rent-stabilized SRO tenant, and denies her motion to consolidate for failure to identify common issues of law and …
22 Chapel Master Tenant Llc V. Hilton
22 Chapel Master Tenant Llc V. Hilton
All Decisions
In this nonpayment proceeding, the court dismissed the petition upon finding the rent demand fatally defective. The rent demand cited a total dollar amount and directed tenant to an attached ledger containing non-rent charges — including a security deposit, move-in fee, monthly electric charges, late fees, and a lockout fee — reflecting a different amount than demanded. The demand impermissibly shifted to tenant the burden of calculating the rent actually owed and failed to enable tenant to formulate a defense. Predicate notices are not amendable.
201 W. 95th St. Realty Llc V Shambi
201 W. 95th St. Realty Llc V Shambi
All Decisions
In this holdover alleging the tenant failed to sign a GCEL renewal lease (RPL § 216[1][j]), the court grants the tenant's motion for discovery on the landlord's claim of a lawful substantial rehabilitation removing the unit from rent stabilization and on the reasonableness of the renewal's rent increase. No DOB permits support the claimed rehabilitation, and the increase exceeded 10% - presumptively unreasonable under GCEL.
Dept Of Hous. Preserv. & Dev. Of The City Of N.Y. V. 2647 Broadway Apts Llc
Dept Of Hous. Preserv. & Dev. Of The City Of N.Y. V. 2647 Broadway Apts Llc
All Decisions
In this HP action, a judgment of over $2 million was entered in August 2025 after respondents, then represented by Green & Cohen, failed to comply with multiple court orders. Belkin Burden took over and moved to vacate in December 2025, claiming due process violations. The court denies the motion, reiterating the broad powers of the Civil Court to enforce the Multiple Dwelling Law and housing maintenance code, and noting that respondents had multiple opportunities to put forth defenses.
East 93rd St Associates Lp V. O'Garro
East 93rd St Associates Lp V. O'Garro
All Decisions
In this nonpayment proceeding, the court grants respondent's motion for summary judgment on the rent-impairing violation (RIV) defense, holding that proof of notice to the landlord—not proof that HPD actually mailed the notice of violation—is all that is required under MDL § 302-a. This represents a departure from recent housing court decisions that have interpreted the statute to require tenants to prove HPD actually mailed the notice.
Coleman V. Chen
All Decisions
The Civil Court found in the tenant's favor in an illegal lockout case where the tenant signed a lease but was never allowed to move in after refusing to pay an unlawfully demanded security deposit. The court affirmed that physical possession is not required to bring an illegal lockout proceeding: as soon as a lease is executed and delivered, the tenant acquires the right to possession as of the commencement of the term, even without physical possession.
Wells Fargo Bank N.A. V Wright
Wells Fargo Bank N.A. V Wright
All Decisions
In this post-foreclosure holdover, the court vacates a default judgment that had dismissed the proceeding, finding the landlord showed a reasonable excuse (one instance of law office failure) and a potentially meritorious claim. The court denies the tenants' cross-motion to dismiss, holding the foreclosure-sale purchaser adequately pled standing under RPAPL §§ 713(5) and 721(3) despite a prior judgment voiding an earlier deed.
Seydou Nara Sarr V. Dembele
All Decisions
The Civil Court dismissed this no-grounds holdover proceeding on service defects. Proof of service was not filed until May 7, 2026 — nearly three months after service was allegedly completed on February 11, 2026 — causing prejudice to the tenant who had to move to compel filing. Applying a prejudice-based standard from Siedlecki v Doscher and Saltzman, the court dismissed under RPAPL §§ 735(2)(b) and 733(1). The court also found the late-filed affidavit of service fatally defective for failing to describe conspicuous place service or identify which papers were served.
Bottem Realty, Llc V. Yaa
All Decisions
The Civil Court denied the tenant's motion for discovery in a nonpayment proceeding where the tenant raised a rent overcharge defense. The tenancy commenced in 1992 and rent history included multiple unexplained increases exceeding legally permitted amounts. The court distinguished Harvey and Syllman, holding that reliance on those post-HSTPA cases was misplaced because the tenancy predated HSTPA, and declined to extend the fraud exemption to pre-HSTPA tenancies absent a fraud claim.
Dartmouth Realty L.P. V. Gray
All Decisions
In this nonpayment proceeding, the court grants respondent's motion to amend the answer and for discovery, but limits discovery to documents going back to 2011 (not 1988 as requested), on the illegal deregulation issue. Despite the court's acknowledgment of numerous strong facts establishing a colorable claim of fraud, it appears that Judge Cohen granted discovery only on the illegal deregulation issue and not on the rent overcharge claim.
Queens Fresh Meadows Llc V Suarez
Queens Fresh Meadows Llc V Suarez
All Decisions
In this expiration-of-lease holdover, after trial the court awards possession to the landlord. The landlord proved the apartment was properly deregulated before the 2019 HSTPA by introducing every lease since 2003, registration history, Rent Guidelines Board and MCI orders, and proof the first deregulated rent exceeded the $2,700 high-rent decontrol threshold in 2015. The court also upheld the landlord's individual apartment increase, supported by employee testimony and vendor receipts.
140 E 35th St. Llc V. Booker
All Decisions
The Civil Court denied tenant's motion to dismiss for landlord's failure to comply with LLC publication requirements under LLCL § 206 at commencement. The court held that noncompliance is not a jurisdictional defect and that subsequent publication warrants nunc pro tunc application, analogizing to the MDL § 325 registration requirement. Because landlord had begun publication and filing with the Department of State, the proceeding was permitted to continue.
Freeland V. Chemtob
All Decisions
The Appellate Division affirmed the lower court's decision, largely granting summary judgment to the landlord in a holdover action for use and occupancy, electricity charges, and dismissing the tenant's counterclaims. The court found the landlord provided sufficient notice of non-renewal via email under RPL § 226-c and was entitled to holdover damages and unpaid electricity charges. It also confirmed the landlord's lawful retention of the security deposit and dismissed the tenant's harassment claim. However, the court modified the order, vacating the determination that the landlord was the prevailing party for attorney's fees, as this finding was premature pending resolution of …
29-28 41st Ave. Owner Llc V. Parzinger Design Inc.
29-28 41st Ave. Owner Llc V. Parzinger Design Inc.
All Decisions
In this nonpayment proceeding, the court denied the tenant's motion for summary judgment and granted the landlord's cross-motion to amend its petition. The tenant argued the landlord could not recover arrears under expired leases per RPAPL § 711(2) and that the predicate Good Cause Eviction Law (GCEL) notice was defective. The court held that arrears under prior leases are recoverable if the landlord-tenant relationship was not severed, as renewals extend the existing tenancy. The court also ruled that a defective GCEL notice is a ministerial error, amendable, and not fatal to a nonpayment proceeding, as it does not prejudice the …
Wong V. Pierre
All Decisions
In this small claims action by a former tenant for return of their security deposit, the court finds the landlord did not demonstrate that the tenant caused damage to the apartment and orders return of the full deposit amount.
940 Corp. V. Lamonthe
All Decisions
The Appellate Term reversed a lower court order in a licensee holdover proceeding, granting the landlord's renewed motion for summary judgment of possession. The renewal was based on new facts: the dismissal of the tenant's Article 78 challenge to the DHCR determination denying succession rights. The court held that the tenant, not being a tenant, lacked standing to assert retaliatory eviction under RPL § 223-b and that harassment under NYC Admin. Code § 27-2004(a)(48) is not a defense to a possessory claim, without prejudice to raising it elsewhere.