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- 000 & Punitive Damages of $35 (1)
- 000; Harassment Counterclaim Proved; Compensatory Damages of $1 (1)
- Adjudication of Counterclaims after Petition Dismissed; Breach of Warranty of Habitability; Time to Reply to Counterclaims; Joinder (1)
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- As Required by RPAPL § 741(5-a) & (5-b) (1)
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- CPLR § 5020(c) ; Civil Penalties; CCA § 110 Does not Confer Jurisdiction to Housing Court to Hear Claims Under CPLR § 5020(c) (1)
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- Coop; Defective Rent Demand; Fees and Non-Rent Charges; Lump Sum Charges (1)
- Defective Notice of Petition; 22 NYCRR § 208.42(b); Differences In Form Rather Than Substance Of Notice Of Petition Do Not Warrant Dismissal (1)
- Defective Rent Demand Requires Dismissal; Petitioner Failed to Credit HRA Rent Payments Made on Behalf of Respondent (1)
- Defective Rent Demand; DSS/HRA Shelter Payments Not Credited; Earmarked Payments; Rent Reduction Order; DHCR; Rent Above Legal Regulated Rent; De Minimis Variance Rejected (1)
- Defective Rent Demand; Failure to Credit/Reflect ERAP Payments to the Months for Which They Were Earmarked (1)
- Discovery granted on rent overcharge claim; DHCR rent registration history found unreliable; Amendment to Rent Stabilization Code in January 2014 bars landlords from charging "first rent" after period of temporary exemption from Rent Stabilization based on owner occupancy (1)
- Discretionary Stay Pending Appeal Granted Under CPLR 5519(c) – Landlord Failed to Show it Would be Prejudiced By Stay While Tenant Appeals Denial of Summary Judgment Motion on Overcharge and Fraudulent Deregulation Counterclaims (1)
- Even though the predicate notices do not name the alleged subtenant. (1)
- Failure To Sign A Renewal Lease; SRO; Rent Stabilized; Improper Lease Offer; DHCR-Approved Form; One Year or Two Year Lease Option (1)
- Failure to Name Estate of Deceased Tenant as Necessary Party; Necessary Party vs. Proper Party Where Deceased Tenant's Renewal Lease is Unexpired at Time of Filing of Summary Proceeding (1)
- GCEL Allegations Required in Petition; Attorney Affirmation in Support of Amendment of Petition Insufficient as Attorney Lacked Personal Knowledge (1)
- GCEL; Holdover Under RPL § 216(1)(a)(i) May be Maintained Against Month-to-Month Tenant; Petition Amendment Allowed as to Alleged “Rent Due and Owing”; Under GCEL “Rent” and “Use and Occupancy” are Different and Distinct; Legislature Intended that “Rent Due and Owing” Grounds for Terminating GCEL Tenancy Does Not Include Claim for Use and Occupancy (1)
- GCEL; Nonpayment of Rent as Good Cause for Eviction; RPL § 216[1][a][i] – Predicate Notice Required to Allege Specific Facts Regarding “Rent Due and Owing” (1)
- GCEL; RPL § 214(14); Religious Exemption To GCEL Applies To Current Use (1)
- GCEL; Small Landlord Exemption; Petition Dismissed Because Failed to Disclose His Ownership Interests in Other Residential Property in Either the Predicate Notice or In the Petition (1)
- Good Cause Eviction Law (GCEL); Termination for failure to pay rent due & owing; RPL § 216(1); Lump sum of alleged arrears; Cure before warrant issues: RPAPL § 751; RPL § 216(3) (1)
- Good Cause Eviction Law; GCEL; RPL § 216(1)(a)(i); Nonpayment Of Rent As Good Cause; Amended Petition Dismissed; Use And Occupancy Not Rent; RPAPL § 741[4]; Failure To State Facts (1)
- Good Cause Eviction Law; Non-Renewal Based on Alleged Non-Payment of Rent as Good Cause; RPL § 216[1][a][i] – Motion to Vacate Default and Dismiss Proceeding Granted Due to Defective Predicate Notice – 90-Day Notice of Termination Lacks Specificity and Contains Conclusory Allegations – Predicate Notice Must Contain Specific Facts of Alleged “Rent Due and Owing” (1)
- HDFC; Private Housing Finance Law Article XI; General Business Law § 352-eeee; Government Entwinement; Constitutional Due Process; Grimmet Test; Good Cause Required for Eviction; 512 East 11th Street HDFC v Grimmet; Predicate Notice Must Specify Months of Nonpayment and Amount Owed; Vague Predicate Notice Insufficient (1)
- HDFC; Private Housing Finance Law Article XI; General Business Law § 352-eeee; Government Entwinement; Constitutional Due Process; Grimmet Test; Good Cause Required for Eviction; 512 East 11th Street HDFC v Grimmet; Vague Predicate Notice; Failure to Pay Rent Allegation Insufficient (1)
Articles 1 - 30 of 255
Full-Text Articles in Entire DC Network
715 St. Marks Tenant Assn. V. M&M Crown Realty, Llc
715 St. Marks Tenant Assn. V. M&M Crown Realty, Llc
All Decisions
HP case—tenants (35 rent-stabilized residents) establish ample need under CPLR 408 for narrowly tailored discovery. Seven interrogatories and ten documentary demands regarding elevator and boiler installation and maintenance are outside petitioners' custody or control. DOB and HPD violation records are insufficient alone: agency inspections measure operationality on a single visit and do not capture sporadic recurring outages or systemic failures indicating a need for replacement, as alleged. Respondents bear minimal burden; no possession-recovery urgency in HP enforcement proceedings.
141 Macdonough Street Hdfc V. Reid
141 Macdonough Street Hdfc V. Reid
All Decisions
Grimmet government-entwinement test satisfied: HDFC operates under Private Housing Finance Law Article XI, its deed and certificate of incorporation carry HPD approval requirements and low-income use covenants, and Board of Estimate resolutions provide a partial tax exemption running through July 2029. Constitutional due process therefore requires the HDFC to demonstrate 'cause' to evict. The notice of termination states only that the tenant 'failed to pay rent'—no period, no rate, no arrears balance. This is legally insufficient: vague and conclusory. Additionally, 16 HPD violations exist against the premises (15 served before the notice) and 40 building-wide violations, 2 of which are …
141 Macdonough St. Hous. Dev. Fund Corp. V. Rhodes-Wiggins
141 Macdonough St. Hous. Dev. Fund Corp. V. Rhodes-Wiggins
All Decisions
Companion case to LT-306940-25/KI—same building, same HDFC, same judge (Grant, J.). The same Grimmet analysis applies. The notice of termination is identically deficient, alleging only 'failed to pay rent' without specifying the period or arrears amount. The same predicate notice inadequacy compels dismissal. Additionally, 34 HPD violations exist against the premises (29 pre-notice) including 3 rent-impairing violations that have not been certified as corrected, which are relevant to the adequacy of notice because uncorrected rent-impairing violations could implicate an MDL §302-a abatement defense. Proceeding dismissed.
452 City Island Llc V. Avila
All Decisions
In this nonpayment proceeding, Respondent moved to dismiss on the ground that the building was occupied in violation of the Multiple Dwelling Law because an illegal basement apartment had been created without a permit, and two DOB violations issued in 2009 remained open. The court granted the motion, holding that where a building has been altered so that the I-card is no longer accurate, MDL § 302's rent-collection bar is automatically triggered and the landlord's discontinuation of the illegal occupancy is insufficient to cure the violation.
Hill Plaza Enters. Ny Llc V. Terris
Hill Plaza Enters. Ny Llc V. Terris
All Decisions
Court granted tenant's motion for a discretionary stay of the proceeding pending appeal under CPLR 5519(c), allowing tenant to challenge a prior decision denying summary judgment on her rent overcharge and fraudulent deregulation counterclaims. Court found minimal prejudice to landlord because the underlying nonpayment petition had already been dismissed, while potential prejudice to tenant from proceeding without resolution of the appeal was manifest.
West Side Marquis Llc V. Sheppard
West Side Marquis Llc V. Sheppard
All Decisions
The Appellate Division, First Department reversed and granted summary judgment to a rent-stabilized successor tenant. Under the HSTPA, a landlord may not withdraw a previously offered preferential rent in a renewal lease. Tenant was entitled to a renewal lease at the preferential rent paid by the predecessor tenant of record. A 2006 DHCR settlement and rent order did not constitute increases 'authorized by law' under RSL §26-511(c)(14), and the DHCR order had no preclusive effect against tenant, who had not been a party to the prior proceeding and had not had a full and fair opportunity to litigate.
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 …
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.
Zheng V. Avelar
All Decisions
In this GCEL holdover, petitioners sought to re-argue or renew the court's prior decision dismissing the proceeding for failure to include statutorily required information in the predicate notice and petition to claim the GCEL small landlord exemption. The court denies the motion, distinguishing Shoreview Holdings, LLC v Fernandez (2025 NY Slip Op 25277) because in that case the affirmation in support of the amendment was submitted by someone with personal knowledge—unlike here.
West Farms Estates Co. V. Miranda
West Farms Estates Co. V. Miranda
All Decisions
In this non-payment proceeding, the tenant sought to vacate a two-attorney stipulation of settlement, alleging unconscionability and improper calculation of arrears after losing her Project Based Section 8 subsidy for refusing to downsize. The court denied the tenant's post-judgment motion, emphasizing the high standard to vacate a two-attorney stipulation. It found the tenant failed to prove unconscionability, as both parties were aware of the rent increase due to her refusal to downsize, and she had waived defenses by settling. The court upheld the stipulation and denied vacatur, granting the landlord a substantial win.
Choi V. Linc Lic L.L.C.
All Decisions
In this rent overcharge action, the Appellate Division modified the lower court's order, granting summary judgment to the tenant on liability. The court held that the landlord's rent concessions, exceeding three months, functioned as a preferential rent under post-HSTPA law, rejecting pre-HSTPA DHCR guidance. It also found lease provisions allowing the landlord to assess attorneys' fees without a court order unconscionable and unenforceable under Real Property Law § 234-a and Rent Stabilization Law § 26-512(g). The landlord failed to rebut the presumption of willfulness, as post-commencement refunds do not defeat it, thus warranting treble damages. The case was remanded for …
Dept Of Hous. Preserv. & Dev. Of The City Of N.Y. V. Parnes
Dept Of Hous. Preserv. & Dev. Of The City Of N.Y. V. Parnes
All Decisions
In this HP action, the court grants HPD's motion for civil contempt and civil penalties after the landlord failed to comply with a so-ordered stipulation requiring roof repair on a 60-unit building. The landlord's arguments of economic infeasibility and inability to access units were rejected. The court imposed a contempt fine, attorneys' fees, a $60,000 AEP penalty, and an additional $257,770 in civil penalties.
Mutual Redevelopment Houses, Inc. V. Manyevitch
Mutual Redevelopment Houses, Inc. V. Manyevitch
All Decisions
In a licensee holdover proceeding in a cooperative PHFL Article V (Mitchell-Lama), the landlord and tenant both moved for summary judgment regarding succession rights. Tenant, the spouse of a prior successor, was granted summary judgment, with the court finding she met spousal succession requirements under Section 210(d)(i) of the City Agreement, notwithstanding the prior successor's lack of formal shares or an occupancy agreement. The landlord's motion for summary judgment was granted against co-occupant, who failed to provide admissible evidence for Braschi-type succession, resulting in a possessory judgment against him. The petition was dismissed against John and Jane Doe. The court …
Seaview Towers 2006, L.P. V. Walker
Seaview Towers 2006, L.P. V. Walker
All Decisions
In this nonpayment proceeding, the court grants respondent's motion for summary judgment, finding that the rent demand was defective because petitioner failed to credit HRA rent payments made on respondent's behalf.
University Riverview Assoc. V. Chisholm
University Riverview Assoc. V. Chisholm
All Decisions
Court denied discovery, granted landlord's cross-motion to amend the petition to allege GCEL coverage, but then dismissed the amended petition under RPAPL § 741(4) for failure to state any facts about unpaid rent due and owing. Court held that the GCEL ground of nonpayment (RPL § 216[1][a][i]) requires the petition to allege specific facts about unpaid rent, and that alleging only a sum of use and occupancy owed was insufficient because 'rent' and 'U&O' are legally distinct terms, and failure to pay use and occupancy does not constitute a 'good cause' ground for lease non-renewal under GCEL.
Wagab Llc V Medina
All Decisions
In this Good Cause Eviction Law (GCEL) holdover proceeding, the landlord sought possession due to the tenant's alleged failure to pay rent, leading to a non-renewal of the lease. The tenant moved to dismiss, arguing the predicate notice of non-renewal and termination was defective for lacking specific details about the alleged nonpayment, such as amounts owed or dates due. The Civil Court of the City of New York, Queens County, granted the tenant's motion, dismissing the petition without prejudice. The court held that under GCEL, a predicate notice alleging nonpayment as good cause must include detailed factual allegations beyond a …
Whga Renaissance Apts. Lp V Figueroa
Whga Renaissance Apts. Lp V Figueroa
All Decisions
A landlord commenced a nonpayment proceeding against a tenant. The tenant moved to dismiss, arguing the predicate rent demand was fatally defective because it demanded rent for a period already paid through ERAP, representing approximately 13.8% of the total arrears. The court found that a rent demand failing to credit ERAP funds for designated months does not state the approximate good faith rent owed, which is a condition precedent for a non-payment proceeding. Thus, the court granted the tenant's motion, dismissing the proceeding without prejudice, as a defective rent demand cannot be amended.
West Side Marquis Llc V. Maldonado
West Side Marquis Llc V. Maldonado
All Decisions
The Appellate Division reversed the Appellate Term, granting the tenant's cross-motion for summary judgment and dismissing the landlord's holdover petition. The landlord failed to timely offer a renewal lease to a successor tenant until after the Housing Stability and Tenant Protection Act (HSTPA) was enacted. The court held that the HSTPA applies, requiring the landlord to offer the renewal lease on the same terms and conditions as the predecessor's prior lease, including the preferential rent. The landlord could not leverage its own delay to avoid the HSTPA's provisions, as the tenant was entitled to a renewal lease prior to the …
Unique People Services, Inc. V. Abramycheve
Unique People Services, Inc. V. Abramycheve
All Decisions
In this holdover proceeding, the landlord, a supportive housing provider, sought to evict the tenant. The tenant's motions to vacate a default and for the court to appoint an attorney under the "Right to Counsel Law" were denied. The court clarified that the Universal Access to Counsel Law provides access, not an absolute right, to legal services. The court also denied the tenant's motion to vacate a previous default. However, acknowledging the tenant's supportive housing status, the court ordered the landlord to produce documentation regarding the tenant's referral, contemplating the potential appointment of a Guardian Ad Litem.
Calvary Grandparents Residence Llc V. Hicks
Calvary Grandparents Residence Llc V. Hicks
All Decisions
The tenant moved to dismiss a licensee holdover proceeding, arguing the landlord failed to name the estate of the deceased tenant of record as a necessary party because an unexpired rent-stabilized lease was in effect. The landlord argued the estate was not a necessary party. The court, finding the landlord's own papers and oral arguments conceded a two-year lease term, determined an unexpired lease existed when the proceeding commenced. Granting the tenant's motion, the court dismissed the proceeding without prejudice, holding that the deceased tenant's estate was indeed a necessary party.
Global Realty Management Ny, Llc V. Wiatrowicz
Global Realty Management Ny, Llc V. Wiatrowicz
All Decisions
In this GCEL non-renewal holdover proceeding based on alleged non-payment, the court granted the tenant's motion to vacate a default judgment and dismiss the case. The tenant demonstrated a reasonable excuse for default due to mental health issues stemming from domestic abuse. The court also found meritorious defenses, specifically that the 90-day notice of termination was fatally defective. The notice failed to provide specific details regarding the amount of rent owed, the periods for which it was due, or information about any rent increases, which prevented the tenant from preparing a defense or exercising their right to cure the alleged …
Miracle Temple Apostolic Holiness Church Of Am., Inc. V Mack And Heward
Miracle Temple Apostolic Holiness Church Of Am., Inc. V Mack And Heward
All Decisions
In this holdover proceeding, the landlord sought to evict month-to-month tenants based on a 90-day notice, claiming exemption from the Good Cause Eviction Law (GCEL) under RPL § 214(14) as a religious institution. The tenants moved to dismiss, arguing the landlord failed to state a cause of action. The court interpreted RPL § 214(14) to require current use of the premises by the religious facility, not merely future intent to house missionaries. Finding that the landlord's current use was only for rental purposes and the unit was not tax-exempt or currently affiliated with the church, the court granted the tenants' …
2904 Atlantic Avenue, Llc V. Hoyte
2904 Atlantic Avenue, Llc V. Hoyte
All Decisions
The Appellate Term affirmed the Civil Court's denial of the tenant's motion for summary judgment on an overcharge counterclaim for the period March 2017 to March 2019. The court held that Part F of the Housing Stability and Tenant Protection Act of 2019 (HSTPA), which extended the statute of limitations for overcharge claims to six years, does not apply retroactively to claims that accrued before the HSTPA's effective date in June 2019, even if not yet pending. The court, bound by First Department precedent, found a DHCR regulation inconsistent with this interpretation and limited overcharge damages to four years under …
Jones Living Trust V. Burnell
All Decisions
The Appellate Term reversed a Civil Court order that dismissed a holdover petition based on a defective notice of petition. The tenant had moved to dismiss, arguing the notice failed to conform to the mandatory form under 22 NYCRR § 208.42(b). The Appellate Term held that while non-conformity may be jurisdictional, here the notice was substantially compliant with the spirit and intent of the sample notice. Minor differences pertained to form, not substance, and did not prejudice the tenant's rights. The case was remitted for the Civil Court to determine the remaining branches of the tenant's motion.
1362 Ocean Llc V. Phillip
All Decisions
In this nonpayment proceeding, the court granted the tenant's motion for summary judgment, dismissing the landlord's petition. The court awarded a 100% rent abatement for May-November 2024 due to rent-impairing violations under MDL § 302-a, specifically a leaky roof in common areas. The landlord's claim of denied access was rejected as the violations were in areas under its control. Additionally, the court found the landlord engaged in harassment, directed HPD to place a Class C violation, ordered the landlord to cease harassing conduct, and imposed a $5,000 civil penalty. The tenant's escrowed funds were released.
5539-181 & 182 Prospect Park W. Brooklyn Llc V. Rivera
5539-181 & 182 Prospect Park W. Brooklyn Llc V. Rivera
All Decisions
In this licensee holdover for succession rights to a rent-controlled apartment, the landlord sought possession after the tenant-of-record's death, alleging the respondent was a licensee without succession. The landlord served judicial subpoenas on the Administration for Children's Services (ACS) and the Office of Children and Family Services (OCFS) for extensive records related to the deceased tenant's foster parenting. The tenant moved to quash the ACS subpoena, arguing it was impermissibly broad, a fishing expedition, and sought confidential information about non-party minors. The court granted the tenant's motion, finding the landlord was not a proper party to seek foster care records …
Yorkville Plaza Assoc. Llc V. Guo
Yorkville Plaza Assoc. Llc V. Guo
All Decisions
In this Good Cause Eviction Law (GCEL) holdover proceeding, the landlord sought to non-renew the tenant's month-to-month tenancy due to alleged nonpayment of rent under Real Property Law § 216(a)(i). The tenant moved to dismiss, arguing the absence of a formal lease and pleading defects. The landlord cross-moved to amend the petition. The court denied the tenant's motion, holding that RPL § 216(a)(i) does not mandate a formal rental agreement for non-renewal based on nonpayment, unlike summary nonpayment proceedings. The landlord's cross-motion to amend was granted. The court further clarified that "rent due and owing" under GCEL requires proof of …
Linden 305 Llc V. Miller
All Decisions
In this licensee holdover, the tenant moved to disqualify the landlord's counsel, arguing a conflict of interest because one of the firm's attorneys previously represented the tenant in a substantially related prior proceeding. The court found that a presumption of disqualification arose, but the landlord rebutted it by demonstrating that the attorney lived out of state, was not involved in the current proceeding, did not possess material information, and the firm had established an ethical wall. The court denied the tenant's motion but prohibited the firm from discussing the case with the attorney in question.
Fort Washington Intercontinental Associates, Llc V. Ramirez
Fort Washington Intercontinental Associates, Llc V. Ramirez
All Decisions
In this nonpayment proceeding, the court granted the tenant's motion for summary judgment and dismissed the petition. The landlord sought to recover rent from a residential tenant, but the tenant successfully argued that the building was in violation of Multiple Dwelling Law §§ 301 and 302. Specifically, the court found that the landlord had converted formerly residential units on the first floor into commercial medical offices, a use inconsistent with the building's I-Card. The court held that such commercial use, when inconsistent with a building's certificate of occupancy or I-Card, bars a landlord from recovering rent from any residential tenants …
Intercontinental St Nicholas Assoc. Llc V. Alvarado
Intercontinental St Nicholas Assoc. Llc V. Alvarado
All Decisions
In this nonpayment proceeding, the tenant moved to dismiss, arguing the landlord failed to obtain a valid certificate of occupancy (COO) after subdividing the apartment, violating Multiple Dwelling Law (MDL) § 301. The court found it undisputed that the apartment was altered requiring a new COO, which the landlord did not possess. Consequently, under MDL § 302(b), the landlord was barred from collecting rent for an apartment without a valid COO for the period of noncompliance. The court granted the tenant's motion, dismissing the nonpayment petition because the tenant has never lived in an apartment for which the landlord could …