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Okonkwo V. Galbreath

All Decisions

In this expired license holdover proceeding, Respondent moved to dismiss on the ground that the subject SRO building is subject to the Good Cause Eviction Law and Petitioner had not alleged cause to evict. The court dismissed the petition because Petitioner, though claiming the small landlord exemption under RPL § 231-c, failed to plead in the petition or predicate notice the ownership disclosure required by RPAPL § 741(5-a) and (5-b).

Reichenbach V. Jacin Invs. Corp.

All Decisions

Tenants alleged a fraudulent scheme by landlord to deregulate rent-stabilized units without lawful justification, citing unexplained rent spikes unsupported by Major Capital Improvements (MCIs) or Individual Apartment Improvements (IAIs). Landlord failed to rebut with documentation, triggering the use of DHCR's default formula. Applying recent amendments to the Rent Stabilization Law mandating a return to Thornton and Grimm, the court found a colorable claim of fraud and ruled apartments 2J, 3D, 4C, and 5J were unlawfully deregulated. The court ordered declaratory and injunctive relief, including the issuance of proper rent-stabilized leases. Practice Note: Under amended rent laws, courts may examine the …

2781 Grand Concourse Llc, D V. Cordero Cordero

All Decisions

A landlord's nonpayment case was dismissed due to a defective rent demand. The court found that the demand, dated after a significant payment by the tenant, reflected a nearly 50% difference from the actual amount due for the period, thus failing to provide clear and unequivocal notice as required by RPAPL § 711(2) and case law. While the tenant's overcharge counterclaim was denied without prejudice due to a question of fact regarding the rent increase, the proceeding itself was dismissed.

Cross Bronx Preservation Llc V. Delgado

All Decisions

In this nonpayment eviction proceeding, the landlord sought to evict the tenant for nonpayment of rent, citing an outstanding balance from August 2020 to July 2023. The tenant filed a motion to dismiss, claiming the landlord failed to serve the required 30-day notice to vacate under the CARES Act and did not meet the notice requirements under the Violence Against Women Act (VAWA). The court found that both notices were necessary for this Section 8 housing case and that the failure to comply with these requirements rendered the petition defective. The court dismissed the case without prejudice, emphasizing the importance …

Rp Wimbledon Owner, Llc V. Chisholm

All Decisions

A landlord's GCEL holdover petition, based on nonpayment, was dismissed for failing to provide sufficient detail regarding alleged rent arrears in both the non-renewal notice and the petition. The court ruled that due to the tenant's right to cure under GCEL and RPAPL § 751, a lump sum allegation of arrears was unreasonably vague, prejudicing the tenant's ability to defend or resolve the dispute. The decision emphasized that predicate notices and petitions must include enough factual specificity, like periods of nonpayment, to allow a tenant to understand the claim and interpose defenses.

Gvs Properties Iv Llc V. Gilman

All Decisions

In this holdover case, the landlord sought eviction based on claims of nuisance and breach of lease, citing unsanitary conditions and a flood caused by the tenant. However, the court found that the alleged uncleanliness had been remedied before trial and that a single flooding incident did not constitute a legal nuisance. Additionally, as the tenant's rent-controlled status meant no lease was in evidence, the breach of lease claim was dismissed for failure to state a cause of action. The case was ultimately dismissed.

Matter Of Ll 410 E. 78th St. Llc V. Division Of Hous. & Community Renewal

All Decisions

The Court of Appeals affirmed the denial of a landlord's Article 78 petition seeking to annul DHCR's decision to deny its application to amend rent registrations. The landlord claimed the registrations were mistakenly filed, as the unit was permanently exempt due to high-rent vacancy. However, DHCR denied the application, interpreting RSC § 2528.3(c) to permit only ministerial, not substantive, amendments. The court found this interpretation to be rational, as it protects tenants from fraud, preserves agency resources, and reserves complex disputes over regulatory status for adversarial proceedings rather than preemptive amendment applications. The court held that DHCR's action was not …

Tibta V. 156 E 21 Llc

All Decisions

In this illegal lockout case, the tenant successfully proved he was unlawfully evicted from his rent-stabilized apartment. The court awarded him possession and issued a warrant of eviction against the landlord and an unauthorized occupant. On appeal, the court granted an automatic stay of eviction under CPLR 5519(a)(6), requiring respondents to post a $41,600 undertaking. The court rejected a discretionary stay under CPLR 5519(c), emphasizing that self-help evictions violate legal process. This case reaffirms that landlords cannot bypass formal eviction procedures through force or intimidation.

Kandiah V. Smith

All Decisions

Landlord sought to evict the tenant on a month-to-month basis, claiming the unit was not rent-stabilized. Tenant moved to dismiss, providing DHCR records proving rent stabilization. The landlord failed to address this in opposition and even submitted a 2009 rent-stabilized lease. The court dismissed the case under RPAPL 741 for failure to state accurate facts, emphasizing that predicate notices cannot be amended.

Union Street Flats, Llc V. Smalls

All Decisions

Tenant successfully defended against landlord's non-payment claim by proving severe breaches of the warranty of habitability, including persistent leaks, black mold, roaches, and lack of hot water from 2021-2024. The court awarded a 25% abatement for leaks and mold and a 10% abatement for hot water and roaches, totaling $53,006.10—far exceeding the rent owed. The petition was dismissed with prejudice, and tenant received a money judgment of $50,619.10.

100 John Mazal Spe Owner Llc V. Sage

All Decisions

The court granted tenant's motion to enjoin landlord from reporting unpaid rent to credit reporting agencies pending trial. Tenant, representing herself, alleged a lack of hot water in the kitchen for 3.5 years and in the bathroom for 8 months. The court ruled that reporting unpaid rent in such circumstances would deter tenants from exercising their right to withhold rent for repairs. Under CCA §110(c), the court found it had authority to issue injunctive relief to protect housing standards.

Nelson-Taylor V. Brooks

All Decisions

In this small claims case, the landlord sought to recover $9,375 in rent from former tenants but was denied. The court ruled that the property was a de facto illegal multiple dwelling due to the illegal basement apartment, which required a Certificate of Occupancy. As the building lacked the proper certificate, no rent could be collected from any tenant. The claim for rent was dismissed.

Ppsp Preservation Llc V. Williams

All Decisions

The court dismissed the non-payment proceeding because the landlord improperly named the tenant as "Jane Doe" despite having actual knowledge of her identity. The court found the defect unamendable, as the use of a pseudonym is permissible only as a last resort. Additionally, the proceeding was dismissed as a legal nullity because the tenant of record was deceased at the time of filing. The landlord's cross-motion to amend the caption was denied as moot.

Nycha V. Rodriguez

All Decisions

NYCHA sought to evict a licensee but failed to use the mandatory Notice of Petition form required by 22 NYCRR § 208.42(b) (AO 163/19). The court ruled this procedural defect was fatal to the proceeding, granting the tenant's motion to dismiss without prejudice.

Ash Ave Llc V. Allison

All Decisions

Petitioner filed a non-payment proceeding against a rent stabilized tenant after a rent reduction order was issued for a defective intercom system. The tenant moved to dismiss, arguing the petition and rent demand were defective for failing to reference the rent reduction order and for seeking excessive rent. The court found the petition defective, particularly for not including the rent reduction order, and granted the tenant's motion to dismiss.

Stankiewicz V. Bristol E. Co.

All Decisions

In this class action, tenants allege rent overcharges and unlawful de-regulation of their apartments while the landlord received J-51 tax credits. The court denied both parties' summary judgment motions, citing triable issues of fact on whether the landlord engaged in a fraudulent scheme to deregulate. The case revolves around the "totality of the circumstances" standard for proving fraud in the deregulation process under the 2024 Rent Stabilization Law amendments. Discovery will proceed before motions can be renewed.

West 144 Cluster Llc V. Victorino

All Decisions

In this nonpayment case, the tenant's motion to dismiss based on defective service was denied. The court found the tenant waived the defense by not raising it in the original answer and rejected the motion to amend to include the defense. Additionally, the tenant's summary judgment motion based on a laches defense was denied for lack of sufficient proof of unreasonable delay or prejudice. The tenant's motion to amend the answer to add other defenses was granted except for the personal jurisdiction defense, which was stricken.

Dillon V. Johnson

All Decisions

In this holdover case, the tenant's motion to dismiss for defective service was granted. The petitioner served the notice of petition and petition too early, violating RPAPL § 733(1) as the service was made before the earliest permissible date. The court ruled that the service was invalid, leading to a dismissal of the petition without prejudice.

Government Lawyers, Ethical Dilemmas: The Case Of Herbert Wechsler And Japanese American Incarceration, Eric L. Muller

Fordham Law Review

No abstract provided.

Law Jobs: Professional Regulation, The Division Of Legal Labor, And Institutional Change, Emily S. Taylor Poppe

Fordham Law Review

No abstract provided.

Efta Coverage Of Modern Consumer Wire Transfers: Consumer Financial Regulation In The Wake Of Loper Bright, Benjamin Gygi

Fordham Law Review

The rise of online banking has led to a proliferation of consumer fraud. Schemes aimed at stealing consumer funds using wire transfers executed through online banking portals have proven particularly devastating to consumers because of a perceived loophole in the Electronic Fund Transfer Act (EFTA) that leaves consumers with full liability for funds stolen through wire transfers. Consumer advocacy groups, and most notably the New York Attorney General, have recently argued that this loophole does not really exist; they claim that the EFTA’s text conclusively covers certain parts of modern wire transfer processes initiated through online banking portals. Considering the …

Social Movement Lawyering And Due Process Values, Susan D. Carle

Fordham Law Review

No abstract provided.

Jewish Lawyers And The Labor Movement, Catherine L. Fisk

Fordham Law Review

No abstract provided.

Can Prosecutors’ Offices Preserve Public Confidence In Their Nonpartisanship—And, If So, How?, Bruce A. Green, Rebecca Roiphe

Fordham Law Review

No abstract provided.

Conservative Legal Advocacy Organizations And Constitutional Change In The Roberts Court, Ann Southworth

Fordham Law Review

No abstract provided.

The Illusion Of Inclusion: The False Promise Of The New Governance Project For Content Moderation, Brenda Dvoskin

Fordham Law Review

Because private companies now control the most prominent communication platforms, the most pressing question in the field of content moderation is how to ensure that the governance of public discourse responds to public values. The prevailing approach, given that the state cannot regulate speech directly, is that state regulation can be substituted with audited self-regulation, broad stakeholder participation, and negotiated rulemaking. In this model, which this Article refers to as the “new governance model for content moderation,” companies include advocates as representatives of the public in their processes to govern online speech. Ideally, they negotiate policy goals and share responsibility …

Democratic Self-Defense, Claudia E. Haupt

Fordham Law Review

Four U.S. states recently took diametrically opposed approaches to address fundamental problems that their respective state legislatures identified in the online speech environment. While controversial legislation in Florida and Texas sought to limit the ability of platforms to remove users or content, New York and California passed laws ultimately aimed at curbing hate speech and other forms of abuse on platforms. In isolation, each of these legislative approaches raises significant First Amendment concerns, and all are likely insufficient to address the problems posed by online speech. But what if the impetus behind these laws were combined into a unified regulatory …

Lawyering As A Public Health Tool: Enforcing Title Ii Of The Americans With Disabilities Act With Preventative Litigation, Elena Cohen

Fordham Law Review

A recent ruling by the U.S. Court of Appeals for the Fifth Circuit held that plaintiffs cannot bring a claim alleging a risk of unnecessary institutionalization under Title II of the Americans with Disabilities Act (ADA). This directly contradicts the holdings of six other circuit courts and guidance issued by the Department of Justice (DOJ)—all of which maintain that Title II of the ADA (Title II), the integration mandate, and the U.S. Supreme Court’s decision in Olmstead v. L.C. ex rel. Zimring permit these claims. This Note explores how the circuit courts have evaluated risk of unnecessary institutionalization claims, including …

Properly Partitioning Prejudice: Analyzing Mixed Brady And Napue Claims, Patrick Scariano

Fordham Law Review

Due process affords criminal defendants the right to receive evidence possessed by the government that would aid in their defense. This right was codified in Brady v. Maryland. Brady’s lesser-known ancestor is Napue v. Illinois, which gave defendants the right to a new trial if the government knowingly offered perjured testimony in their original trial. The U.S. Supreme Court has held that these rights are critical to support verdicts worthy of confidence necessary to ensure due process.

Unfortunately, defendants victimized by misconduct are often affected by multiple violations of their rights. Courts have developed ways to examine …

564 St. Johns Gardens, Lp V. Folk

All Decisions

The landlord's nonpayment proceeding was dismissed due to the use of a defective Notice of Petition, which omitted mandatory language required by AO 163/19. The court ruled that any modification to the prescribed form rendered it defective, even if seemingly minor, as strict adherence is required to protect unrepresented tenants. The tenant's motion to dismiss was granted, and the court also permitted the tenant to amend the answer.