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- 000 (1)
- 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)
- Amici curiae (1)
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- As Required by RPAPL § 741(5-a) & (5-b) (1)
- Attorneys' Fees; Legal Services/Nonprofit Attorneys' Fees Should be Calculated According to Prevailing Market Rate in the Relevant Community (1)
- CPLR § 5020(c) ; Civil Penalties; CCA § 110 Does not Confer Jurisdiction to Housing Court to Hear Claims Under CPLR § 5020(c) (1)
- Certificate of Occupancy Violation bars Collection of Rent; Open Violation is Prima Facie Evidence of a Continued Existence of a Condition; Discontinuing Occupancy of Illegal Unit is not Enough (1)
- Civil Contempt; Alternate Enforcement Program; Civil Penalties (1)
- 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 121 - 150 of 255
Full-Text Articles in Entire DC Network
Bam Go Lihtc Llc V. Oquendo
All Decisions
Landlord brought a holdover proceeding against tenant for violating a probationary stipulation that required tenant to refrain from smoking, making significant noise, and being aggressive with other residents or building staff. The court found in favor of landlord and granted a conditional stay of eviction, requiring tenant to pay ongoing use and occupancy fees and continue complying with the stipulation. Landlord may proceed with eviction upon default of rent payment or further violation of the stipulation. Key Legal Points: Court found credible testimony of two neighbors sufficient to support landlord's position; standard for enforcing a stipulation is lower than standard …
600 West 183rd Street Tenants Association V. 600 West 183rd Street Realty Corp
600 West 183rd Street Tenants Association V. 600 West 183rd Street Realty Corp
All Decisions
The tenant association and tenants sued the landlord for rent overcharges, fraudulent initial leases with inflated rents, and housing violations. The court previously granted summary judgment for the tenants on the overcharge and fraudulent lease claims. This is a post-judgment report recommending the court confirm its findings that the landlord willfully overcharged rent, issued illegal fraudulent leases requiring rent freezes, and that the tenants are entitled to recover damages, penalties, and attorneys' fees to be determined.
Tzifil Realty Corp. V. Mazrekaj
Tzifil Realty Corp. V. Mazrekaj
All Decisions
Landlord filed a holdover proceeding after tenant's lease expired. Tenant vacated the premises. Landlord sought use and occupancy, arguing unjust enrichment. Court denied motion, finding landlord had already accepted possession and monetary judgment could not be awarded without possessory judgment. Court also denied landlord's motion for sanctions against tenant's counsel for allegedly frivolous conduct.
Renaisance Equity Holding Llc V. Ford
Sterling Queensboro Llc V. Kaplan
Gentles V. Day
All Decisions
In this non-payment proceeding, the court denied respondent's motion seeking dismissal based on lack of a lease and privity of contract. Despite the absence of a written lease, the court found a landlord-tenant relationship existed due to the acceptance of ERAP benefits by the landlord and the tenant's continued occupancy. Respondent's objections to jurisdiction and failure to serve a thirty-day notice were waived by their participation in the case without objection earlier. The court restored the case for trial or settlement, holding that ERAP benefits constituted a binding agreement akin to a lease.
Rego Park Ventures, Llc V Shany
Dumont Green Llc V. Duncan
All Decisions
Landlord brought a holdover proceeding against tenant for failing to vacate the premises after the tenant of record passed away. Tenant claimed succession rights based on an alleged family-type relationship with the deceased tenant. Court applied the Braschi test and found tenant failed to meet her burden of proof to establish a family-type relationship. Judgment of possession granted to landlord. Key Legal Points: 1) Factors considered under the Braschi test to determine a family-type relationship; 2) Importance of providing concrete evidence to support a succession claim; 3) Being married to other people does not necessarily negate a family-type relationship, but …
1113 Holding Ltd V. Christian
All Decisions
Landlord filed nonpayment against tenant who was withholding rent due to ceiling collapse after chronic leak finally gave way to full collapse. Landlord has routinely brought cases against tenant and done all in their power to intimidate, including harassing statements in and out of court. Tenant able to mobilize their community and fought back against the landlord, not just on the landlord's OSC, but to get case dismissed against their adult son and to permit amendment to the answer to raise rent impairing violation defense.
501 West 143rd Street Hdfc V. Park
1614 Midwood Holdings Llc V. Tiliaeva
Rh 507-517 West 171 St Llc V. Antigua
Rh 507-517 West 171 St Llc V. Antigua
All Decisions
The tenant's motion to reargue and for leave to conduct discovery regarding unexplained rent increases and the apartment's status as permanently exempt from rent regulation was granted. The court acknowledged the tenant's right to review the rental history beyond four years, finding ample need for discovery and directing the petitioner to produce documents requested within thirty days.
147-25 N. Assoc. Llc V. Villanueva
Hillside Park 168 Llc V. Anwar Md
Brussels Leasing Lp V. Sacks
All Decisions
The tenant refused to give access to the apartment for repairs, and the landlord sought eviction. The court dismissed the case because the landlord offered the tenant a lease renewal twice during the pendency of the lawsuit, without mentioning the eviction case. In the Second Department, a lease renewal can undo a termination notice.
969 Carroll Assoc., Llc V. Mendes
Meisels Family, Inc V. Crittleton