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Articles 631 - 660 of 13109
Full-Text Articles in Entire DC Network
1616 President St. Assoc. Llc V. Edwards
1616 President St. Assoc. Llc V. Edwards
All Decisions
A landlord sought to reargue a prior order granting a tenant a 100% rent abatement for rent-impairing violations under MDL § 302-a, arguing the abatement period should not extend beyond the rent sought in the unamended petition. The court denied the motion, distinguishing a prior Appellate Term decision (1616 President Street Associates, LLC v. Ann Marie Ackie, 84 Misc 3d 128(A) [App Term, 2d Dept])concerning rent deposit requirements from the court's authority to grant a full abatement on the merits. The court affirmed that MDL § 302-a permits a 100% abatement for the entire period a rent-impairing violation remains uncorrected …
Matter Of Hudson Val. Prop. Owners Assn. Inc. V. City Of Kingston
Matter Of Hudson Val. Prop. Owners Assn. Inc. V. City Of Kingston
All Decisions
The Court of Appeals affirmed the City of Kingston's declaration of a housing emergency and its opt-in to the ETPA, rejecting the property owners' challenge to the vacancy study's methodology as insufficiently proven unreliable. The Court also upheld the Kingston Rent Guidelines Board's "fair market rent" guideline and rent adjustment guideline, finding no impermissible retroactivity under *Regina Metro.* The petitioners' claims regarding the 15% rent reduction were not preserved for appeal. This landmark decision clarifies municipal authority to implement rent stabilization under HSTPA.
Munjal V. Ziebke
All Decisions
A landlord's holdover petition was dismissed because it failed to properly plead the Good Cause Eviction Law (GCEL) status of the premises. The landlord attempted to amend the petition to claim a "small landlord" exemption, but the proposed amendment was deemed conclusory and lacked specific details required by RPAPL § 741(5-b) and RPL § 214(1), such as the names of all owners, the number of units they own statewide, and their addresses (excluding principal residences). The court held that proper pleading of the GCEL exemption is an essential element of a landlord's prima facie case.
Matter Of Stuyvesant Town-Peter Cooper Vil. Tenants Assn. V. New York State Div. Of Hous. & Community Renewal
All Decisions
In this Article 78 proceeding, the court reversed a Supreme Court decision that had annulled DHCR's approval of the landlord's applications for rent increases based on Major Capital Improvements (MCIs). The court found that DHCR's interpretation of its own regulations concerning the timeliness of the MCI applications for large-scale projects and the sufficiency of proof that the work was both necessary and comprehensive was rational and entitled to judicial deference. The court upheld DHCR's determination, thereby allowing the landlord to proceed with the rent increases.
Williamsbridge-3067 Realty Llc V. Ramos
Williamsbridge-3067 Realty Llc V. Ramos
All Decisions
The court affirmed the denial of a tenant's post-judgment motion to dismiss an illegal lockout petition. The tenant's motion was made nearly a year after the unappealed final judgment for the landlord, thus waiving objections, including property ownership. The court further clarified that the issues raised did not implicate subject matter jurisdiction, as the Civil Court undeniably possesses jurisdiction over RPAPL Article 7 summary proceedings.
7606 17th Avenue Llc. V. Santiago
7606 17th Avenue Llc. V. Santiago
All Decisions
In a holdover proceeding, the court dismissed the petition due to a defective notice of petition. Judge Cohen found that the notice contained substantive errors, specifically the use of "the premises" instead of the mandated "your home," and the complete omission of the required explanatory sentence: "that means the landlord says you should be evicted for a reason other than not paying your rent." The court deemed these errors, particularly the omitted sentence, to be significant and not de minimis, as they could confuse a pro se litigant regarding the nature of the holdover. The petitioner's cross-motion to amend was …
129th St. Cluster Assoc., L.P. V. Davis
129th St. Cluster Assoc., L.P. V. Davis
All Decisions
The court reversed the Housing Court's decision, vacating a default final judgment against a long-term, SCRIE-qualified tenant in a nonpayment proceeding. The nonappearance was not willful, and the landlord demonstrated no prejudice from the brief delay. The tenant showed a meritorious defense by presenting money order receipts for alleged 1999 arrears, which may be time-barred. The case was remanded for further proceedings on the merits.
Cy Empire Corp. V. Esther Mcintosh
Cy Empire Corp. V. Esther Mcintosh
All Decisions
The court granted a tenant's motion to dismiss a non-primary residence holdover proceeding against her. The landlord improperly used the pseudonym "Jane Doe" in the pleadings in violation of CPLR 1024. To use a fictitious name, a petitioner must submit an affidavit detailing the genuine efforts made to ascertain the party's identity. Here, the landlord's affidavit was silent regarding any effort to identify the occupant, who was a known party from prior proceedings. The landlord's cross-motion to amend the caption to substitute the tenant's real name was denied as prejudicial.
Matter Of Promenade Nelson Apts. Llc V. New York State Div. Of Hous. & Community Renewal
Matter Of Promenade Nelson Apts. Llc V. New York State Div. Of Hous. & Community Renewal
All Decisions
In an Article 78 proceeding regarding a Major Capital Improvement (MCI) rent increase, the appellate court reversed a lower court's denial of the landlord's petition. The court held that while DHCR's retroactive application of the HSTPA to the landlord's pending MCI application was rational, the agency failed to establish a rational basis for its determination that certain installations exceeded the scope of necessary work. The matter was remanded to DHCR because the agency also failed to address the merits of the landlord's argument that the disputed costs were required for code compliance.
Concord Ave Assoc Lp, V. Timotheus Whaley Sr
Concord Ave Assoc Lp, V. Timotheus Whaley Sr
All Decisions
In a nonpayment proceeding, the tenant successfully moved to vacate a pro se stipulation of settlement and subsequent order, and to dismiss the case. The court found good cause to vacate the stipulation because the tenant, unrepresented, improvidently entered into an agreement waiving viable defenses, particularly breach of warranty of habitability and the landlord's failure to properly plead the tenancy's regulatory status as a HOME TBRA recipient. The landlord's non-compliance with the HOME TBRA program, including failure to renew the Rental Assistance Contract and unapproved rent increases, meant the arrears claimed were inflated and not solely due to tenant's nonpayment, …
Real Estate Board Of New York, Inc. V. The City Of New York
Real Estate Board Of New York, Inc. V. The City Of New York
All Decisions
The court denied a preliminary injunction against New York City's FARE Act, which shifts broker fee payment from tenants to landlords. The judge granted in part the City's motion to dismiss, striking down plaintiffs' First Amendment, New York State Constitution, and state law preemption claims. However, the Contracts Clause claim was allowed to proceed. The court emphasized that it cannot overturn legislation based on policy disagreements.
Jerome Enters. Llc V. Javed
All Decisions
The court granted the tenant's motion to dismiss the landlord's nonpayment case because the building lacked a valid Certificate of Occupancy, which prohibits the collection of rent. The court also held the landlord in civil contempt for failing to comply with a prior so-ordered stipulation to make repairs, which prejudiced the tenant's ability to secure a Section 8 voucher. The landlord's petition was dismissed, but the case was restored to the calendar for a pre-trial conference to address the tenant's counterclaims and determine damages for the contempt finding.
Angela Asante And Anita Asante As Administrators Of The Estate Of John Asante V. Westfield
Angela Asante And Anita Asante As Administrators Of The Estate Of John Asante V. Westfield
All Decisions
In a holdover proceeding, the tenant moved to dismiss for lack of standing, asserting the landlord, as administrators, transferred property title to themselves individually prior to commencement. The court found that a proceeding initiated by an improper party is a nullity and cannot be cured by amendment or substitution, as standing must exist at the time of commencement. Since the estate did not own the premises, the proceeding was dismissed without prejudice, denying the landlord's motions to amend and substitute as moot.
37-07 147th Realty Llc V. Tibaguy
37-07 147th Realty Llc V. Tibaguy
All Decisions
The court granted reargument, allowing the tenant discovery on the legal regulated rent and defectiveness of the rent demand. However, it adhered to striking the pre-HSTPA rent overcharge counterclaim as time-barred. The court held that the 2023 DHCR amendment to RSC § 2526.7(a)(1), which sets an earliest base-date of June 14, 2015, cannot circumvent the appellate courts' interpretation of *Regina Metro. Co.*, which limits review of pre-HSTPA overcharge claims to a four-year look-back period absent a showing of common law regulatory fraud, which was not demonstrated here.
Pechman V. Lane
All Decisions
In a holdover proceeding initiated by new co-op shareholders who acquired shares via judicial execution, the court denied their motion to set aside a prior order denying a default judgment. The landlord incorrectly predicated the holdover on RPAPL § 713(1) and § 713(7), arguing the former proprietary lessee was a licensee. The court reaffirmed that these sections do not apply to former proprietary lessees; rather, RPAPL § 711(1) for holdover tenants is the proper vehicle. The court emphasized that cooperative shares are considered personal property for these purposes, preventing the application of "real property" sale provisions under RPAPL § 713(1).
Huang V. Johnson
All Decisions
In this no-grounds holdover, the court affirmed the denial of the tenant's motion to vacate a default judgment and be restored to possession after eviction. The tenant claimed his failure to appear was due to his incarceration, but he provided no documentation to support this assertion. The court found that the tenant's motion papers were insufficient, consisting only of conclusory statements without evidence of a reasonable excuse or a meritorious defense. The denial was upheld as a proper exercise of the lower court's discretion, and because it was made "without prejudice," the tenant retained the option to refile the motion …
Wilmington Trust, Na V. Abdul
All Decisions
In a post-foreclosure holdover, the landlord's motion to reargue was granted, restoring the proceeding after the court initially misapprehended that the landlord lacked standing as a "one-step removed" purchaser. The court clarified that as the direct recipient of the Referee's Deed following a foreclosure sale, the landlord possessed standing under RPAPL §713(5). Despite procedural defects in the reargument motion, which were excused, the tenant's motion to dismiss the landlord's monetary claims was granted due to the landlord's failure to include mandatory language seeking such claims in the Notice of Petition, prejudicing the tenant.
Westchester Capital Co., Llc V. Richardson
Westchester Capital Co., Llc V. Richardson
All Decisions
The court dismissed the landlord's holdover petition, granting the tenant's motion to dismiss. The court found the petition fatally defective for failing to plead the tenant's protected status as a non-purchasing tenant under the Martin Act. Additionally, the predicate 90-day notice was deemed insufficient as it vaguely alleged a "poor history of making rent payments on time" without specific details, failing to establish "good cause" for eviction required by the Martin Act. The court denied the landlord's cross-motion to amend and the tenant's summary judgment motion as moot.
Kings Vil. Corp. V. Pascal
All Decisions
The court granted the tenant's motion to dismiss the nonpayment petition, finding the rent demand defective due to the inclusion of substantial lump-sum charges lacking specific periods of accrual. While the court noted that fees and non-rent charges are permissible in co-op nonpayment cases if allowed by the proprietary lease, the large "Prior Agent" lump sums for maintenance, assessment, and parking rendered the demand insufficient to "fairly appraise" the tenant of the arrears, thus undermining the proceeding. The dismissal was without prejudice.
60-15 Woodside Avenue V. Leen
All Decisions
The court granted summary judgment to the tenant, allowing her to succeed to the rent-controlled tenancy. The tenant demonstrated a long-term emotional and financial interdependence with the deceased tenant of record, her aunt, and established that the subject premises was her primary residence for the required period. The landlord did not provide sufficient rebuttal.
Inga V. Revenco
All Decisions
The court partially granted the landlord's motion to amend the petition to include GCEL applicability and good cause grounds, and partially granted the tenant's motion to amend her answer. It denied the tenant's motion to dismiss outright. While the initial predicate notice served before GCEL's enactment was valid, the petition filed afterward needed to conform. The court allowed the landlord to proceed on the **non-payment of rent** ground, finding it sufficiently pleaded with specific amounts and dates, but dismissed the **nuisance** and **illegal sublet** grounds due to lack of factual specificity in the petition.
Nazor V. Sydney Sol Group, Ltd.
Nazor V. Sydney Sol Group, Ltd.
All Decisions
In this loft tenant action, the court modified the lower court's order, reinstating claims for rent overcharge, unjust enrichment, and breach of warranty of habitability. The court held that court-ordered use and occupancy payments are not "voluntarily paid" rent under MDL § 302(b), allowing these claims to proceed in a related action. The court also reinstated a claim for accounting of the security deposit and attorneys' fees, finding the landlord failed to prove non-commingling. However, claims for harassment, retaliatory eviction, and constructive eviction were dismissed.
Gomez V. Gomez
All Decisions
The court denied the tenant's motion for a stay and undertaking pending an interlocutory appeal of an order denying dismissal of a holdover petition. The court clarified that CPLR 5519(a)(6) automatic stays only apply to judgments or orders requiring enforcement, such as an eviction. Since the appealed order merely denied dismissal and transferred the case to trial, not directing any specific enforcement action against the tenant, an automatic stay was not warranted.
Hudson Shore Associates Limited Partnership, Haven On The Hudson Llc, Kenneth Levinson, And Hudson Valley Property Owners Association Et Al. V. State Of New York, New York State Division Of Housing And Community Renewal, Village Of Nyack, New York, And City Of Poughkeepsie, New York
All Decisions
Landlords challenged New York's Vacancy Provisions, alleging Fourth Amendment violations for warrantless searches of rent rolls and Fourteenth Amendment due process violations concerning vacancy calculations. The court affirmed dismissal, holding that Article 78 proceedings provide sufficient pre-compliance review for record demands, and the low risk of coercion mitigates Fourth Amendment concerns. Due process was satisfied by opportunities for landlords to contest vacancy calculations through public hearings and subsequent Article 78 review, ensuring constitutional muster.
Bedford 203 Lp V. Santana
All Decisions
In a nuisance holdover case, the court partially granted the tenant's motion to dismiss, specifically dismissing allegations that the tenant's behavior "annoyed" other tenants, as the lease required a notice to cure for such conduct, which the landlord failed to provide. However, the court allowed the remaining nuisance allegations to stand, finding no notice to cure was required for conduct impacting building staff or the landlord's guests. The court also permitted the landlord to amend the petition to correctly reflect the apartment's regulatory status as part of the NYC 15/15 Project Based Program, finding no prejudice to the tenant.
Rojas V. Cruger Associates Limited Partnership
Rojas V. Cruger Associates Limited Partnership
All Decisions
In this source of income discrimination case, the plaintiff tenant, obtained a preliminary injunction preventing the landlord, from commencing a nonpayment proceeding. The court found that the landlord repeatedly obstructed tenant's attempt to use her Emergency Housing Voucher for "leasing in place" by refusing to submit necessary paperwork, citing arrears, and failing to provide a valid Tax ID. The injunction was granted to preserve tenant's voucher and residency, emphasizing the landlord's obligation under New York City and State Human Rights Laws to accept lawful sources of income.
343 E 173 Llc V. Estrella
All Decisions
The court denied the tenant's motion to vacate a default judgment in a nonpayment case. The tenant failed to provide a reasonable excuse for not appearing in court after answering the petition. Additionally, the court disapproved of the more than two-month delay by the tenant's counsel in moving to vacate the default judgment, which was filed only after an eviction notice was issued. Consequently, the judgment and warrant remained in effect.
Brooklyn Adult Care Ctr., Llc V. Garrett
Brooklyn Adult Care Ctr., Llc V. Garrett
All Decisions
Court vacated default judgment against respondent resident of an adult care facility on three grounds: petitioner controlled respondent's mail, raising doubt he received court notices; petitioner knew of respondent's visual impairment and failed to ensure he could read and understand the petition; and petitioner had respondent sign the Notice of Termination without advising him of its contents. Respondent raised several potentially meritorious defenses that petitioner left unaddressed and unopposed.
Emerald Lofts Llc. V. Echevarria
Emerald Lofts Llc. V. Echevarria
All Decisions
In a no-grounds holdover, the landlord sought to evict a tenant, claiming the unit was exempt from the Good Cause Eviction Law (GCEL) due to the tenant's Section 8 voucher. The court granted the landlord's motion to amend their pleadings to comply with RPAPL § 741(5-a) requirements. However, the court then granted the tenant's motion to dismiss, ruling that a portable Section 8 voucher does not automatically exempt a unit from GCEL under RPL § 214(5), as it doesn't regulate rent or eviction terms like other housing programs.
Lev Realty Group, Llc V. Nassar
Lev Realty Group, Llc V. Nassar
All Decisions
The court denied the tenant's motions to dismiss a holdover petition alleging unreasonable refusal of access for repairs. The court held that weekend access for repairs is permissible if the tenant consents or if Class C violations or other serious conditions requiring immediate repair exist. Further, the court ruled that the proceeding was not moot, even though the tenant eventually provided access and repairs were completed. While acknowledging that an eviction was unlikely given the cure, the court emphasized that the landlord still maintained a cause of action and was entitled to a trial to determine possessory rights as they …