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Brazilia Leasing L.P. V. Watts

All Decisions

The court dismissed a licensee holdover petition after a fact-finding hearing to determine whether the petitioner had knowledge that the respondent lacked mailbox access. The respondent testified that she had informed the petitioner's personnel of her lack of mailbox access in December 2023, and this testimony was unchallenged. The court found the respondent's testimony credible, and since the petitioner had knowledge of the lack of mailbox access at the time of service, the court ruled the service was improper. The petition was dismissed for lack of jurisdiction. Practice Note: Ensure service complies with jurisdictional requirements, especially when a tenant has …

304-306 E 83 Realty, Llc V. Mason

All Decisions

In this post-answer motion, the tenant sought dismissal of a holdover proceeding based on improper deregulation. The landlord alleged the apartment was deregulated through high-rent vacancy in 2014, but the tenant demonstrated that the building was receiving J-51 tax benefits at that time, making luxury deregulation illegal under Roberts and Regina Metro. The court dismissed the petition, finding the apartment remains rent stabilized. The tenant's rent overcharge counterclaim was also allowed to proceed to trial, as the court found a colorable claim of fraudulent deregulation supported by failures to register and questionable IAIs. Practice Note: A landlord's ignorance of J-51 …

Philbear, Llc V. Meltzer

All Decisions

In this nonpayment proceeding, the tenant moved to dismiss based on the landlord's failure to serve a Good Cause Eviction Law (GCEL) notice as required by RPL § 231-c and use of an outdated notice of petition form. The landlord argued GCEL did not apply to nonpayment cases, that the co-op was exempt, and that the arrears predated the statute's effective date. The court rejected all of these arguments, holding that GCEL applies to proceedings commenced after its effective date regardless of rent default timing, and that the mandatory form of notice of petition "required since 2019 "was not used. …

97th St. Commons, Llc V. Ortega

All Decisions

Landlord commenced a licensee holdover alleging tenant of record had vacated, relying solely on a DHCR order that dismissed tenant's lease complaint as moot due to supposed vacatur. Tenant moved for summary judgment, showing she remained in occupancy and had never surrendered or abandoned the apartment. The court found landlord's reliance on the DHCR order misplaced, holding DHCR lacks authority to determine primary residence and that its finding had no res judicata or collateral estoppel effect. Further, because the tenant remained in possession with a valid lease, she could not be bypassed as a necessary party. The court emphasized due …

Matter Of 197 Madison Holdings Llc V Nys Div. Of Hous. & Community Renewal

All Decisions

The landlord challenged a DHCR ruling that found it liable for rent overcharges, asserting the agency acted arbitrarily in holding it responsible for rent increases by a prior owner. The rent had been frozen since 2000, yet the previous owner illegally raised it and later claimed deregulation. The tenant initiated a DHCR complaint, and the agency found overcharges based on the frozen rent order still in effect. The landlord failed to supply rent records, claiming ignorance of past rents due to a lack of documentation from the seller. The court held that carryover liability applies and the landlord was obligated …

Hart Property Services Llc V. Jackhan

All Decisions

In this rent-stabilized nonpayment proceeding, tenant moved for summary judgment seeking dismissal based on a prior action pending, lack of standing under LLC Law §206, and the absence of a valid lease. While the court rejected the first two arguments "finding no duplicative proceeding and holding that the foreign LLC's filing deficiencies were curable under LLC Law §802" the court granted dismissal due to the absence of privity of contract. The alleged renewal lease was unsigned by any landlord and still listed the prior owner. Without a fully executed lease, there was no binding rental agreement at the time of …

901 Walton Ave Realty Llc V. Laboy

All Decisions

Tenant moved to dismiss a nonpayment proceeding arguing that the rent demand overstated the legal rent due, rendering it defective. The landlord sought rent based on a concession rider, asserting the legal regulated rent was $1,472.41 and charging $1,522.41 for some months, despite a pattern of charging $1,300 through biannual credits. The court found that the concession functioned as a preferential rent under recent case law and DHCR guidance. Since preferential rents must remain for the duration of the tenancy under HSTPA, the higher amounts sought were improper. The rent demand was thus not a good faith approximation of what …

Riverview I Affordable Preservation, Llc V. Lendelbolg

All Decisions

The landlord commenced a licensee holdover proceeding seeking possession of a project-based Section 8 unit after the death of the tenant of record. The tenant's siblings and child remained in the apartment and asserted succession claims. At trial, the landlord established prima facie entitlement to relief by showing service of predicate notice and non-tenancy status of remaining occupants. However, the tenant's brother demonstrated through documentary evidence and testimony that he had resided with the deceased tenant for at least two years prior to her death, thereby satisfying HUD succession requirements. The court found that he qualified as a remaining family …

Carroll Flats Llc V. Gibson

All Decisions

In this holdover licensee proceeding, the landlord sought possession of a rent-stabilized apartment, alleging the tenant remained unlawfully following the death of the tenant of record. The tenant claimed succession rights as the daughter of the deceased. Although she lacked formal documentary evidence such as a birth certificate, testimony from an uninterested long-time neighbor established a familial relationship. The tenant also presented government benefit records demonstrating occupancy during the relevant two-year period. The court emphasized that lack of financial interdependence and formal documents is not dispositive in succession claims, particularly for low-income families. The landlord failed to rebut key factual …

562 West 174th Equities Llc V. Mednik

All Decisions

In this holdover based on alleged lease expiration, the key issue was whether the unit was rent-stabilized. The landlord initially claimed deregulation based on high-rent vacancy but had previously filed contradictory claims asserting rent-stabilization in other proceedings, including a newer, concurrent case. The tenant argued rent-stabilization based on regulatory filings. The court found the multiple filings and reversals in position by the landlord created a confusing and prejudicial scenario. Because the newer case raised the same issue, the court dismissed the current proceeding without prejudice. Practice Note: Landlords should avoid simultaneously prosecuting parallel cases involving contradictory regulatory claims, as it …

Pp 535 Carlton Tc Llc V. Cosme

All Decisions

The landlord brought a motion for a preliminary injunction against the tenant and her co-occupant due to persistent nuisance behavior caused by their three pit bulls. The dogs had exhibited repeated aggression toward tenants, children, staff, and other pets, accompanied by threatening and abusive conduct from the owners. Despite a Notice to Cure and ongoing summary holdover proceedings, the tenant failed to act. The court found the landlord established a likelihood of success, irreparable harm, and a balance of equities in its favor. The dogs' behavior, coupled with the tenant's inaction, created a dangerous, intolerable environment. The court granted injunctive …

Sunset Park Lp V. Roberts

All Decisions

In this nuisance holdover proceeding, the landlord alleged two isolated incidents involving the tenant's guests "one in October 2023 involving a guest who banged on the apartment door, and one in February 2024 involving a verbal dispute in the lobby. The tenant moved to dismiss under CPLR § 3211(a)(7), arguing that the termination notice failed to state a cause of action for nuisance under Rent Stabilization Code § 2524.3(b). The court agreed, citing the settled principle that nuisance requires a pattern of recurring objectionable conduct. It found that the two incidents, months apart and involving guests rather than the tenant, …

28-18 31st St., Llc V. Muso

All Decisions

In this non-payment case, the tenant moved under CPLR 5015(a)(1) to vacate a February 2023 default judgment, claiming medical issues, including seizures and memory loss, as her excuse. However, the court found no medical documentation linking her condition to the default, rendering the excuse unsubstantiated and legally insufficient. The court declined to consider the alleged defense of no valid lease due to the failure to show a reasonable excuse. Although denying the motion to vacate, the court granted a short stay of eviction conditioned upon substantial rent arrears payment. Practice Note: Courts strictly enforce documentation requirements for medical excuses; unsupported …

Garcia V. Nelson, Et Al

All Decisions

Handwritten opinion. In this no-ground holdover proceeding, the landlord sought possession from a Section 8 voucher tenant without pleading the premises' regulatory status or complying with the Williams Consent Decree, which mandates service on NYCHA. The tenant promptly moved to dismiss under CPLR § 3211(a)(7), asserting that the omissions were fatal under RPAPL § 741(4) and federal regulations. The landlord, who had signed a Section 8 contract, did not dispute the unit's subsidized status but argued that NYCHA's subsidy cessation excused compliance. The court rejected this, emphasizing strict pleading and service requirements in federally subsidized tenancies. Additionally, the court found …

25-70 Realty Llc V. Bajana

All Decisions

In this licensee holdover proceeding, the landlord sought possession of a rent-stabilized apartment. The tenant asserted succession rights to his late father's tenancy, claiming co-residency during the relevant window period. After a trial, the court found the tenant failed to prove by a preponderance of the evidence that the apartment was his primary residence for the two years prior to his father's death. The court weighed testimony from disinterested witnesses and the tenant's mother. As succession rights were not established, the landlord was awarded a final judgment of possession and a money judgment for use and occupancy.

613 Sg Llc V. Barnes

All Decisions

In this non-payment case, the tenant moved to dismiss the proceeding on the basis that the rent demand failed to provide a good-faith estimate of arrears. The tenant argued that the landlord “rent jammed” the arrears into the most recent months without crediting approximately $10,000 in payments shown in the ledger. The landlord contended that standard accounting practices permitted it to apply payments to the oldest arrears first. The court rejected that argument, holding that where payments are not earmarked, courts must evaluate the course of dealing and timing of payments. Because the rent demand omitted substantial payments and mischaracterized …

Ivory 3045 Grand Concourse Realty Corp. V. Estrella

All Decisions

The landlord sued tenants for $18,777.56 in rental arrears, alleging breach of a lease agreement for a residential apartment. After the lease expired in September 2017, the landlord claimed a month-to-month tenancy until eviction in November 2018, with rent unpaid from February 2018. Tenants credibly testified they surrendered the apartment and keys to the landlord's broker in December 2017 and vacated. The court dismissed the complaint, finding the landlord failed to prove by a preponderance of the evidence that a month-to-month tenancy existed after January 2018 (as no rent was accepted) or that tenants remained in possession, as a new …

Bsp Gigi Llc V. Moulton

All Decisions

Tenant moved for summary judgment arguing the rent demand was defective under RPAPL § 711(2) due to improper lump-sum formatting and inclusion of Section 8 subsidy amounts in tenant's share of rent. The tenant highlighted confusion in the landlord's rent ledger, which listed ambiguous credits and charges and failed to distinguish between tenant's portion and subsidy amounts. Landlord failed to oppose the motion despite multiple opportunities. The court found the rent demand facially deficient for not providing a clear breakdown of tenant's actual liability, thereby invalidating the predicate notice. Since a proper rent demand is a condition precedent, the petition …

Diego Beekman Mutual Housing Assoc. V. Larkins

All Decisions

In this non-payment proceeding, the tenant moved to dismiss under RPAPL § 731(4), asserting that rent arrears cited in the petition were fully paid before any hearing occurred. The case was delayed due to pandemic-related court closures and statutory stays under the COVID-19 Emergency Eviction and Foreclosure Prevention Act and ERAP. During the stay, the tenant paid $4,074—exceeding the $3,446.96 demanded in the petition—with no earmarking of payments. The landlord opposed, arguing the arrears had since grown, but did not dispute the payment facts. The court held the petition was satisfied under RPAPL § 731(4), as payments were made "prior …

Chun Lin V. Lu Mei Chen

All Decisions

In this holdover based on a terminated month-to-month tenancy, the landlord alleged personal service of a 90-day termination notice, but the tenant denied receipt. At trial, both parties presented witnesses supporting their version: the landlord's unlicensed process server claimed personal service, while the tenant's friend testified the tenant was in Brooklyn on the service date. The court found both witnesses credible but equally interested, creating evidentiary equipoise. Because the burden of proving service rested with the landlord and the evidence did not preponderate in his favor, the court held that valid service had not been established. The petition was dismissed …

Central Harlem Associates Llc V. Robbins

All Decisions

In this holdover proceeding involving a LIHTC property, the tenant moved to dismiss on grounds that the landlord failed to serve a Violence Against Women Act (VAWA) notice as required by federal regulations prior to eviction. The landlord conceded the omission but argued no prejudice resulted and that the tenant had prior knowledge of VAWA rights. The court rejected these defenses, holding that predicate notice defects are fatal and not subject to amendment, emphasizing the mandatory nature of VAWA compliance. The petition was dismissed without prejudice. Practice note: In federally subsidized housing, omission of required predicate notices such as VAWA …

Why Top-Two Primaries Can't Be Fixed, Quinn Yeargain

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

Residency Requirements In Initiative Ballot Access: The Limits Of First Amendment Rights And The Fight Against Atlanta's 'Cop City', Ross Levin

Fordham Law Voting Rights and Democracy Forum

When election procedure is challenged, courts must balance First Amendment rights against states’ prerogative to regulate elections. Residency requirements are an election procedure that require petition circulators be a resident of the jurisdiction. Residency restrictions on petition circulators—who collect signatures to achieve ballot access—weigh too heavily against First Amendment rights. In jurisdictions where residency requirements remain in place for initiative ballot access, voters are unconstitutionally shut out of the political process.

In this Article, I examine two cases in which the Supreme Court extended its First Amendment ballot access jurisprudence to ballot initiatives, Meyer v. Grant and Buckley v. American …

Voter Confidence And The World Of Appearances: Where Campaign-Finance And Election-Administration Law Collide, Kishore S. Chundi

Fordham Law Voting Rights and Democracy Forum

Scholarship on election-administration measures (like voter ID laws) and campaign-finance laws has been siloed. American political affiliations, in their current form, dictate that liberals support campaign-finance restrictions and oppose voter ID laws, and vice versa for conservatives. But the Court has analyzed both measures using the similarly odd lens of appearances—the perception of electoral integrity in voter ID cases and the perception of corruption in campaign-finance cases. Yet despite the nearly identical justifications for campaign-finance and election-administration measures, the Court has treated these claims quite differently. Election-administration laws receive nearly automatic deference, whereas campaign-finance laws are routinely overturned. This Article …

The Law Of Disqualification And Problems With The Supreme Court Code Of Conduct, Donald K. Sherman, Marco A. White, Virginia Canter

Fordham Law Voting Rights and Democracy Forum

In this Article, we analyze the federal disqualification statute applicable to federal judges, magistrates, and Justices of the Supreme Court as compared to the disqualification provisions of the United States Supreme Court Code of Conduct and detail the ways in which the standards contained within the Code are contrary to law and history. To provide proper context, we examine the history, case law, and statutory framework that have created the current standards of judicial disqualification for all Article III judges and Justices. We demonstrate that the Court is bound to apply disqualification procedures in accordance with the United States Constitution, …

Ditmas Flats Llc V. Perez

All Decisions

In this holdover case involving an alleged illegal sublet, the landlord sought to evict the tenant based on a Notice to Cure. The tenant moved to dismiss, arguing that the landlord failed to comply with LLC §206 by not filing a certificate of publication before initiating the case. The court found that the landlord's subsequent attempt to cure the defect did not retroactively grant the landlord standing, as the failure to comply with LLC §206 deprived the tenant of necessary transparency at the time the case began. Consequently, the court dismissed the case for lack of standing.

Harold V. Gaethan

All Decisions

In this nuisance holdover case, the landlord sought possession of the premises after serving a Notice of Termination, but the tenant argued that the landlord's acceptance of rent during the “window period” after the notice's expiration vitiated the notice, requiring dismissal. The court found that, despite the landlord's claim that the rent was applied to arrears prior to the notice expiration, the key factor was the act of accepting and cashing the rent during the window period. The landlord's intention to proceed with the case was deemed irrelevant because a new proceeding could be initiated, leading to the dismissal of …

Wuaneshaw Anderson V. Chana Eisner & Benjamin Eisner

All Decisions

Tenant sought remedies for unsafe conditions and harassment, including failure to restore electricity, water, and repair windows and doors. After a lengthy procedural history and inquest, tenant established harassment by landlord and agent, including delays in repairs and retaliatory behavior. Civil penalties of $2,000 were imposed on landlord, and tenant was awarded $10,000 in punitive damages. The court denied compensatory damages due to insufficient evidence of out-of-pocket expenses but ruled in favor of tenant. The case was restored for a hearing on attorney's fees. Landlord's actions were found to be intentional and malicious, warranting punitive damages as a deterrent to …

66-86 80th Street Llc V. Valerie Marie Robles

All Decisions

In this holdover case, petitioner landlord sought possession based on the respondent's failure to pay rent for over a year. Respondent moved to dismiss the proceeding, arguing that the notice of termination failed to include one of the required grounds under the Good Cause Eviction Law (GCEL), specifically under RPL § 216. The court found the predicate notice defective because it did not specify the basis for eviction under RPL § 226-c, which is a fatal error that could not be cured by amendment. As a result, the court dismissed the case without prejudice.

Deutsche Bank National Trust Company, As Trustee For Argent Securities Inc. V. Calimano

All Decisions

In this holdover proceeding, the tenant moved to dismiss due to petitioner's failure to name her in the Notice of Petition and Petition, despite being listed in the 90-day notice to quit. The landlord argued waiver of this jurisdictional defect through tenant's appearance and answer. The court rejected that claim, holding that mere appearance does not constitute waiver absent active litigation. Because the landlord had actual knowledge of the tenant's identity before filing and failed to use her name, the use of “Jane Doe” was improper under CPLR §§ 1001 and 1024. The court dismissed the case without prejudice. Practice …