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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 211 - 240 of 255
Full-Text Articles in Entire DC Network
11-15 New Montrose Ave Tenant Assn V. 11-15 New Montrose Ave Hdfc
11-15 New Montrose Ave Tenant Assn V. 11-15 New Montrose Ave Hdfc
All Decisions
J. Stoller denies petitioner’s application for adjournment of trial so that they can seek summary judgment on harassment claim. The court goes into the history of the modern housing court with trial and resolution parts and notes that two weeks were set aside for the trial of this matter and appears rather outraged that despite this the petitioners waited until the morning of trial to let the court know they were not ready for the trial. The court, finding them not ready to proceed dismisses harassment claim.
Torres V. Sedgwick Ave. Dignity Dev. Llc
Nath V. Wei Xiong
All Decisions
Tenant field an Order to Show Cause for an illegal lock-out. By the conference, Tenant was back in posession. Tenant moved to discontinue and LL cross-moved to dismiss for failure to state a cause; for a judgement of possession and order of eviction; to amend the caption; and to issue a money judgement for use/occupancy. Court discontinued Tenant's petition and denied LL's motions. While RPAPL §743 does allow for a party to assert a legal counterclaim in an Answer, it does not allow such party to obtain a judgment of possession without a verified petition as requried by RPAPL §741. …
Regency Gardens Company V. Yoshevayev
Friedman Residence Llc V. Denson
Greater Allen Affordable Hsc V. Reddick
Matter Of Parkside Equities, Llc V. New York State Div. Of Hous. & Community Renewal
Matter Of Parkside Equities, Llc V. New York State Div. Of Hous. & Community Renewal
All Decisions
No abstract provided.
Hilda Townsend Revocable Trust V. Johnson
Windy Realty Assocs. Llc V. Hiciano
Matter Of Regina Metro. Co., Llc V. New York State Div. Of Hous. & Community Renewal
Matter Of Regina Metro. Co., Llc V. New York State Div. Of Hous. & Community Renewal
All Decisions
No abstract provided.
124 East 176 Street Llc V. Ombongo
124 East 176 Street Llc V. Ombongo
All Decisions
Motion to amend the answer granted when tenant seeks to amend defenses to include new HPD violations. Each subsequent repeated violation in the inspection report is a possible indication that owner has failed to do the needed work, an issue for trial.