Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 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)
-
- 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 181 - 210 of 255
Full-Text Articles in Entire DC Network
Matticore Holdings, Llc V. Hawkins
Polyclinic Owner Llc V. Castillo
11-15 New Montrose Ave. Tenant Assn. V. 11-15 New Montrose Ave. Hous. Dev. Fund Corp.
11-15 New Montrose Ave. Tenant Assn. V. 11-15 New Montrose Ave. Hous. Dev. Fund Corp.
All Decisions
No abstract provided.
Bronx 2120 Crotona Ave. L.P. V. Gonzalez
6914 Ridge Blvd., Llc V. Delao
305 West 97th Associates Lp V. Lonesome
700 Bklyn Realty Llc V. Simpson
Pimor Associates Llc V. Delvalle
Kim V. United Am. Land Llc
All Decisions
Tenant filed HP motion seeking court order to correct HMC violations in interim multiple dwelling and seeks finding of harrassment by landlord. Court dismissed HP proceeding in part (but issued Order to Correct 2 HPD violations) because of prior proceeding pending before the NYC Loft Board. J. Bacdayan determined the Code DOES allow court to enforce HMC violations in interim multiple dwellings, disagreeing with ruling in Baer (71 MISC 3d 1125).
Third Housing Company, Inc. V. Donnelly
Jones V. New York City Hous. Auth.: Managed By Borinquen Plaza I Houses
Jones V. New York City Hous. Auth.: Managed By Borinquen Plaza I Houses
All Decisions
In this illegal lock out case brought against NYCHA, the court declines to restore petitioner to possession. Here petitioner was the son of tenant of record who moved in to help his ailing mother over two years before the lock out occurred but never asked to be added to the household and “kept a low profile” although he did have limited interactions with NYCHA management. The court finds under recent AT, 2nd Dept caselaw that he lacks standing to be restored as a licencee, rejecting the HSTPA RPAPL 768 argument petitioner put forward.
Lendor V. Moussavi
All Decisions
In this harassment action commenced by the former superintendent of the building the court finds the petitioner has standing to commence the proceeding but dismisses the harassment claims finding in essence that the petitioner was not credible.
Jeremy Props. Lc V. Franklin
All Decisions
J. Capell finds respondent has a non-traditional familial relationship with tenant of record (now in nursing care) and grants succession rights. Nice case demonstrating a “mother-daughter like” relationship.
2114 Realty Llc V. Estate Of Sanabria
2114 Realty Llc V. Estate Of Sanabria
All Decisions
J. Slade grants landlord’s motion for use and occupancy pendente lite from the date oral application was made in this 2018 non payment proceeding. Here a succession claim was asserted. The court noted this is a pre-HSTPA case but given unique history (lengthy APS delays, landlord’s motion for discovery) and sets use and occupancy at one third of respondent’s social security check amount. Ed Josephson sent an e mail about this case’s significance when it was sent last week in the Slip Op format and provided a practice advisory regarding it as the court here indicates it has discretion outside …
517 W. 212th Street Ta V. Pecora
517 W. 212th Street Ta V. Pecora
All Decisions
The owner moved for a trial by jury in a contempt proceeding filed by the tenants. The Court denies the owner's motion in full and provides a detailed analysis of jury trials at the contempt stage of an HP proceeding.