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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 241 - 255 of 255
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Bainbridge Ave. Props. Inc. V. Sow
560-568 Audubon Tenants Association V. 560-568 Audubon Realty, Llc
560-568 Audubon Tenants Association V. 560-568 Audubon Realty, Llc
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No abstract provided.
1068 Winthrop St. Llc V. Zimmerman
Ollie Associates Llc V. Santos
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Bx Pk Phase Ii Preservation V Lawrence
Bx Pk Phase Ii Preservation V Lawrence
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In this nonpayment case, the tenant moved to dismiss the petition. The court ultimately dismissed the petition considering the evidentiary materials: cancelled checks, petitioner's rent ledger, and Dss/HRA printout. The evidence presented shows that landlord reflected DSS/HRA payments in the rent ledger, but not in the rent demand. Rather, petitioner "appears to have simply taken the amount assertedly due to date and divided it by the monthly rent to arrive at the breakdown in the rent demand." Judge Lutwak concludes that the evidence establishes that "monies received in and for the months listed in the rent demand were not reflected …
550 E 182 Llc V. Quattlebaum
All Decisions
Landlord brought a nonpayment case against rent-stabilized tenant. Landlord's attorney would not accept amended answer from counsel, now tenant moves the court to amend the answer under CPLR 3025 (b). Motion granted to amend the answer. The proposed amended answer provides greater notice of respondent's breach of habitability defense and counterclaims, and such amplification has not been articulated to be prejudicial to landlord. The other defenses are standard in nonpayment proceedings and arise out of documents, copies of which are attached to the motion papers, which were in landlord's possession or easily accessible to landlord. Accordingly, landlord cannot claim to …
Silverleaf Lp V. Matthew
All Decisions
LL brought a holdover proceeding based on tenant's harboring of a dog in violation of her lease. Tenant raised the defense of pet waiver. Tenant moved for summary judgment on the pet waiver defense under NYC Pet Law, NYC Admin Code sec. 27-2009.1(b). The issue evaluated by the Court is whether there is a material issue of fact with regard to tenant's defense of waiver under NYC Pet Law. Here, the motion is denied as the evidence tenant submits falls short of what is required to meet her initial burden of proving the elements of the NYC pet law defense. …
721-735 Walton/Gerard Llc V Marrero
721-735 Walton/Gerard Llc V Marrero
All Decisions
LL commenced a holdover alleging the tenant breached her lease agreement, and nuisance conduct. The Tenant made a pre-answer motion to dismiss arguing the notices are ambiguous and unclear and fails to provide her with an adequate method to cure the alleged breach. For one the breach was for propping an entrance door open but the landlord wrote that the cure would be removal of an AC appliance. The tenant also argued the notice of termination is confusing because the date cited there is prior to the date of the letter. The Court dismissed the petition based on defective notices. …
Morrison Management Llc V Rodriguez
Morrison Management Llc V Rodriguez
All Decisions
Landlord sued tenant of record and his daughter for nonpayment of rent. Only the daughter appeared and consented to a money judgment and stay of execution of the warrant in exchange for payment of rent, and a lease in her name. The daughter filed five orders to show cause to stay ex and obtain a lease from the landlord. Daughter, now represented by counsel, moved the court to vacate the judgment and warrant and interpose a defense and counterclaim for rent overcharge. The court reviewed the DHCR rent history noticing that the vacancy prior to this tenancy caused the rent …