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Articles 901 - 930 of 13109
Full-Text Articles in Entire DC Network
322 W. 47th St. Hdfc V. Loo
All Decisions
The court denied defendant tenant's motion for summary judgment, rejecting his claim of collateral estoppel regarding the validity of his proprietary lease. The court found that the issue was not conclusively determined in a prior derivative action involving the HDFC board members, and thus tenant's lease validity could still be contested. Additionally, Guarino's request for attorney's fees under RPL § 234 was denied as he was not the prevailing party.
Doc Realty Management Inc. V. Morales
Doc Realty Management Inc. V. Morales
All Decisions
The landlord sought to vacate dismissal of a holdover proceeding and amend its petition, asserting misapplication of the Good Cause Eviction Law. The court clarified that the GCEL's immediate effect applied to the commencement of proceedings and denied the motion, citing the petition's failure to comply with RPAPL §741. The court rejected arguments concerning predicate notices and retroactivity, emphasizing that the dismissal arose from procedural defects, not GCEL compliance. The landlord was directed to pursue a new proceeding or other remedies.
1616 President St. Assoc., Llc V Brathwaite
1616 President St. Assoc., Llc V Brathwaite
All Decisions
The landlord sought arrears for a rent-stabilized unit, but the tenant successfully asserted a rent-impairing violation defense under MDL § 302-a. The court found the landlord barred from collecting rent for June 2020–May 2022 due to an uncorrected HPD violation, granting a 100% rent abatement and dismissing the petition. The tenant was awarded the deposited funds, and counterclaims remain for further proceedings.
Sea Park E., L.P. V. Thompson
All Decisions
In this holdover proceeding, the landlord moved to vacate an ERAP stay and obtain a default judgment. The tenant cross-moved to vacate a prior stipulation of settlement and dismiss the case. The court granted the tenant's cross-motion, finding that the landlord failed to provide the tenant with a required notice under the Violence Against Women Act (VAWA). This failure to provide the statutorily mandated notice constituted a fundamental defect in the proceeding, leading the court to vacate the stipulation and dismiss the case.
Aero Mgt. Co. V. Moghadasian
All Decisions
In this holdover proceeding, the landlord attempted to evict the tenant for failure to sign a renewal lease, citing a rent increase and the tenant's non-purchase status in a co-op under the Martin Act. The court ruled the renewal lease offer invalid due to its retroactive start date, rendering the landlord's notice to terminate was not sufficient under RPL §226-c and the case for eviction untenable. The case was dismissed as a result of the invalid lease offer and the failure to meet legal requirements.
1675 Realty Llc V. Dorcas
All Decisions
In this nonpayment proceeding, the landlord moved to vacate a default judgment entered against them. The court denied the landlord's motion, finding that they failed to provide a reasonable excuse for their default. The court then granted summary judgment to the tenant and dismissed the petition, finding that no valid lease renewal was in effect at the time the proceeding was commenced, as required by RPAPL § 711(2). The court rejected the landlord's argument that acceptance of ERAP funds created an implied lease, distinguishing other cases where the subject premises were unregulated.
383-17 Llc V. Kwabena Boadu
All Decisions
In this non-payment case, the tenant moved for summary judgment based on an overcharge claim, asserting that a two-attorney stipulation in a prior case violated the Rent Stabilization Code by setting the rent above what was allowable. The landlord argued that the stipulation, made post-HSTPA, was valid under 9 NYCRR 2520.13, which permits tenants to waive certain rights. The court rejected this argument, ruling that such stipulations, which violated the Rent Stabilization Code, were void as against public policy. Consequently, the landlord was found liable for the overcharge, although the exact overcharge amount was left unresolved pending further proceedings.
Li-Johnson V. Sierra
All Decisions
The court granted the tenant's motion for summary judgment on the grounds of retaliatory eviction. The tenant established that she made good faith complaints to HPD about housing conditions within one year of the landlord serving a notice of termination. The landlord failed to demonstrate a non-retaliatory motive for bringing the holdover proceeding.
East Drive Housing Development Corporation V. Lawrence
East Drive Housing Development Corporation V. Lawrence
All Decisions
The landlord sought discovery sanctions and vacatur of a note of issue due to the tenant's failure to comply with discovery orders. The tenant was found to have willfully obstructed the discovery process and his answer was struck. The court also granted the landlord's motion to vacate the note of issue, finding no cooperation from the tenant and delays in the discovery process.
Elwin V. Burnett
All Decisions
In this illegal lockout proceeding, the tenant alleged being locked out of her apartment by the landlord's son, who had assumed ownership after the original landlord's death. The landlord contended that the tenant had abandoned the premises, but the court found insufficient proof of abandonment, ruling that the tenant had not forfeited her right to the apartment. The court granted the tenant possession of the apartment, ordering the landlord to provide keys or allowing the tenant to change the locks.
1245 Stratford, Llc V. Osboume
1245 Stratford, Llc V. Osboume
All Decisions
In this nonpayment eviction proceeding, the landlord sought to collect rent arrears for a rent-stabilized apartment. The tenant raised defenses, including illegal building alterations and lack of a valid Certificate of Occupancy. The court ruled that the landlord's failure to comply with the Multiple Dwelling Law (MDL) barred rent recovery, leading to the dismissal of the case in favor of the tenant.
Stuyvesant Town-Peter Cooper Village Tenants Assn. V. New York State Div. Of Hous. & Community Renewal
All Decisions
This case involved a challenge to the DHCR's regulation setting a cost ceiling for rent increases due to major capital improvements (MCIs). The tenant association argued that certain provisions in the regulation, allowing for waivers and recovery of unlisted costs, were inconsistent with statutory limits. The court struck down two provisions of the Rent Stabilization Code (RSC) as ultra vires: (1) the waiver provision allowing rent increases for MCIs exceeding cost ceilings, and (2) the provision permitting recovery of "related expenses" not listed in the Reasonable Cost Schedule. The court upheld other provisions, including those allowing DHCR to include additional …
601 Seneca Llc V. Karczewski
All Decisions
In this holdover proceeding based on a 90-day notice of termination, the tenant challenged the landlord's claim that the building was not rent-stabilized. The tenant argued that the building was de facto rent-stabilized and part of a horizontal multiple dwelling with the neighboring building. The court granted the tenant's motion for discovery and denied the landlord's cross-motion for summary judgment. The court found that the tenant had raised valid defenses of de facto rent stabilization and horizontal multiple dwelling and that the landlord had not adequately rebutted these claims.
New York State Div. Of Hous. & Community Renewal V. Zara Realty Holding Corp.
New York State Div. Of Hous. & Community Renewal V. Zara Realty Holding Corp.
All Decisions
The New York State Division of Housing and Community Renewal (DHCR) and the New York State Attorney General (AG) sued Zara Realty Holding Corp. and related entities for violating rent stabilization laws, harassing tenants, and illegally collecting broker fees. The court denied the defendants' motion to compel discovery from the DHCR and AG, and granted the plaintiffs' cross-motion to compel discovery from the defendants. The court held that the DHCR and AG were not required to produce documents or witnesses for deposition, as they were acting in a law enforcement capacity. The court also determined that the defendants' discovery requests …
1719 Gates Llc V Torres
All Decisions
The landlord commenced a non-renewal holdover proceeding against the tenant, who was a tenant in a market-rate apartment. The tenant's lease had expired. The landlord argued that the tenant had failed to pay rent due and owing, which constituted good cause for eviction under the Good Cause Eviction Law. The court granted the landlord's motion, finding that the plain language of the Good Cause Eviction Law authorized a non-renewal holdover for nonpayment of rent, even though the tenant's lease had expired. The court entered a default judgment for the landlord, but granted the tenant a 10-day stay to cure the …
Dewitt Luxury Home Inc. V. Lewis
Dewitt Luxury Home Inc. V. Lewis
All Decisions
The landlord commenced a nonpayment proceeding against the rent-stabilized tenant, who also received Section 8 benefits. The landlord failed to plead the correct regulatory status of the apartment and failed to plead that the tenant received Section 8 benefits. The court denied the landlord's motion to amend the petition and granted the tenant's motion to dismiss, finding that the landlord's errors were fundamental and could not be corrected by amendment.
Matter Of H.W. V. New York City Dept. Of Hous. Preserv. & Dev.
Matter Of H.W. V. New York City Dept. Of Hous. Preserv. & Dev.
All Decisions
Tenant's petition to annul the landlord's denial of his succession claim to a rent-stabilized apartment was denied. Under 28 RCNY 3-02(p)(3), the tenant failed to prove co-residency with the tenant of record (his aunt) from his birth, or when she vacated the apartment. His claim, identical to his mother's prior failed succession attempt, was rejected due to the same lack of credible evidence.
894 Belmont Avenue V. Doe
All Decisions
The landlord brought a holdover proceeding against the tenant, naming him as "Kevin Doe" despite knowing his true name. The tenant moved to dismiss the proceeding, arguing that the description of the premises was inadequate and that the use of a pseudonym was improper. The court granted the tenant's motion, finding that the landlord's failure to accurately describe the premises and use of a pseudonym deprived the court of jurisdiction.
Shan Zhang V. Mercado
All Decisions
This non-payment case concerns unpaid rent after a lease expired, where tenants retained possession but never made direct payments. The landlord's attempt to claim rental arrears based on ERAP payments and implied month-to-month tenancy was insufficient under Real Property Law § 232-c and RPAPL § 711(2), as no evidence of mutual intent for a month-to-month tenancy existed. The court granted the tenant's motion to dismiss, finding the lack of an operative lease or implied rental agreement barred the landlord from maintaining this proceeding.
United Christian Assembly Church Inc V. Welsh
United Christian Assembly Church Inc V. Welsh
All Decisions
In this no-grounds holdover proceeding, the court granted the tenant's motion for a further stay of eviction to allow the tenant to vacate with dignity. The stay was granted based on the tenant's ongoing efforts to secure a new apartment with the assistance of legal aid and social services.
Impending Peril: Rethinking The Future Of Democracy, Karen J. Greenberg
Impending Peril: Rethinking The Future Of Democracy, Karen J. Greenberg
Fordham Law Voting Rights and Democracy Forum
In their new books, Anne Applebaum and Timothy Snyder explore the vulnerabilities that plague democracies globally and in the United States. Documenting the elements that threaten democracy, they share a vision of the future that demands a deepened understanding of the forces that oppose democracy—among them, corruption, disinformation and isolation. Offering visions of a more enlightened public space, and a heightened sense of empathy, they each attempt to provide a roadmap to a more equitable, just, and life-affirming future.
The Burden To Reach The Ballots: Tackling Eleventh Circuit Line-Warming Bans And Their Intersectional Harm Under An Ada Framework, Alyssa Clune
Fordham Law Voting Rights and Democracy Forum
Line-warming bans present an additional hurdle for voters across America, especially in an era of historically few polling locations and historically long lines to reach the ballot. Particularly in Eleventh Circuit states like Georgia and Florida, line-warming bans, in conjunction with long wait times, have had a disparate impact on Black communities and their ability to cast ballots in key swing districts. Nevertheless, attempts to bring racial discrimination claims against these bans have not been successful in the Eleventh Circuit. This Essay proposes a new strategy to tackle line-warming bans under an ADA framework. It analyzes the harm that these …
Reforms For Filling Vacancies In The U.S. Senate And House Of Representatives, Nora Donnelly, Alexa Green, Lea Vallone
Reforms For Filling Vacancies In The U.S. Senate And House Of Representatives, Nora Donnelly, Alexa Green, Lea Vallone
Fordham Law Voting Rights and Democracy Forum
Many states’ laws for filling vacancies in the U.S. Senate and House of Representatives weaken democratic legitimacy. Vacancies in the House are increasingly prolonged, leaving constituents without representation for extended periods. Senate vacancies are filled more quickly, but gubernatorial appointees often gain a significant incumbency advantage when they later seek election. In this report, the Fordham Law School Rule of Law Clinic recommends holding open, nonpartisan elections, without primaries or runoffs, within three months of most Senate and House vacancies, with earlier initiation when vacancies are anticipated. The report further proposes limiting interim Senate appointments to “caretakers” who serve only …
Unequal Access: The Perpetual Struggle For Voting Rights And The Case Of Wisconsin, Benjamin Edelstein, Mark L. Thomsen, Atiba R. Ellis
Unequal Access: The Perpetual Struggle For Voting Rights And The Case Of Wisconsin, Benjamin Edelstein, Mark L. Thomsen, Atiba R. Ellis
Fordham Law Voting Rights and Democracy Forum
In this Article, we examine the transformation of Wisconsin from a state celebrated for its progressive voting laws to a focal point for stringent voting restrictions. This shift mirrors a recurring pattern in American history where progress in voting rights is often countered by strategies aimed at preserving existing power structures. We trace this pattern through American history, highlighting the role of white supremacy and structural racism in continuously reshaping the boundaries of electoral inclusion and exclusion. Wisconsin’s situation is a stark example of how contemporary legal and political tactics to limit access to the ballot box continue a long …
Hillside Place, Llc V. Rahman
All Decisions
In this holdover proceeding, the landlord claimed that the tenant failed to renew a rent-stabilized lease at the legal rent. The court held that the landlord established the renewal offer compliant with the Rent Stabilization Code, while the tenant's claims about prior rents were dismissed due to the Regina ruling limiting review of historical rents absent fraud. The court issued a final judgment of possession for the landlord but allowed a 30-day cure period for the tenant to sign the lease, and it denied a monetary judgment for use and occupancy due to prior payment. From the tenant's attorney: "In …
86-02 Forest Parkway, Llc V. Rojas
86-02 Forest Parkway, Llc V. Rojas
All Decisions
The landlord initiated a non-payment holdover proceeding against the rent-stabilized tenant. The tenant asserted an affirmative defense of fraudulent overcharges. The landlord moved to dismiss the defense and for summary judgment. The court denied the motion, finding that the tenant had raised a colorable claim of fraud and that the landlord had not met its burden for summary judgment. The court held that the tenant's allegations of fraudulent overcharges, including unexplained rent increases and false representations about improvements, were sufficient to warrant further investigation. The court distinguished this case from previous decisions that required a more explicit intent to deregulate, …
Latchman V. Hardnett
All Decisions
In this nonpayment proceeding, the tenant moved to dismiss due to lack of an active lease. The court dismissed the case, agreeing that under Second Department precedent, a nonpayment proceeding requires a valid rental agreement at the commencement of the action. Since the rent-stabilized lease last renewed in 2015, no active agreement existed at filing, and the landlord's claim of an implied agreement based on subsidy recertifications was insufficient. Other issues raised by the tenant were dismissed as moot.
Stanhope Estate Llc V. Dominquez
Stanhope Estate Llc V. Dominquez
All Decisions
The pro se tenant filed an Order to Show Cause seeking restoration to possession after a default judgment led to eviction. The landlord's counsel failed to appear on time, exhibiting inappropriate behavior when contacted by court staff. As a result, the court granted the tenant's motion by default, vacating the judgment and warrant of eviction, and ordered the tenant's immediate restoration to possession. The court set a later date for the landlord's counsel to present cause for avoiding sanctions and possible referral to a disciplinary committee due to his conduct.
Matter Of 609 Realty Llc V. New York State Div. Of Hous. & Community Renewal
Matter Of 609 Realty Llc V. New York State Div. Of Hous. & Community Renewal
All Decisions
The landlord's application for a Major Capital Improvement (MCI) rent increase was denied by the DHCR, as less than 35% of apartments were rent-regulated. DHCR rationally applied the Housing Stability and Tenant Protection Act (HSTPA) amendments retroactively, as no determination had been made at the time of the law's enactment. The court found no due process violation or vested right to a future rent increase, and refused to consider the landlord's unpreserved hardship claim.
West 147th Street Equities Llc V. Pena
West 147th Street Equities Llc V. Pena
All Decisions
Landlord initiated a holdover proceeding on nuisance grounds against tenant for alleged disruptive conduct from fall 2017 through 2020. After trial, tenant moved for a directed verdict, arguing that landlord's evidence failed to address conduct within the specified period. The court granted tenant's motion, finding landlord's witnesses' testimonies either predated or postdated the claimed nuisance period. Case dismissed without prejudice, preserving landlord's right to pursue claims for conduct outside the fall 2017-2020 timeframe.