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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 31 - 60 of 255
Full-Text Articles in Entire DC Network
Zotpri Llc V. Burton
All Decisions
In this nonpayment proceeding, the tenant, after retaining counsel, moved to amend their pro se answer to assert affirmative defenses of payment, laches, and breach of the warranty of habitability, along with counterclaims. The landlord opposed, arguing untimeliness and insufficient pleading of laches. The court granted the tenant's motion, allowing the amended answer with the payment and warranty of habitability defenses and counterclaims. However, the laches defense was stricken for insufficient pleading, as it failed to demonstrate lack of notice or prejudice to the tenant, beyond mere delay, which are essential elements for an equitable laches claim.
Acmh, Inc. V. Williams
All Decisions
In this holdover proceeding, the court granted the tenant's summary judgment motion and dismissed the petition. The landlord, a supportive housing provider, failed to plead that the premises and tenancy are subject to OMH and DOHMH regulations, violating RPAPL § 741. The court noted the landlord's prior awareness of this pleading requirement, rejecting claims of inadvertence. It found significant prejudice to the unrepresented tenant due to this omission, which prevented proper adjudication. The landlord's cross-motion to amend the petition was denied.
Gladys Hampton Affordable Preservation, Llc. V. Goodwin
Gladys Hampton Affordable Preservation, Llc. V. Goodwin
All Decisions
In this nonpayment proceeding, the tenant moved to consolidate several similar proceedings against the same landlord, citing common issues regarding VAWA compliance and the landlord's alleged failure to serve required HUD-5382 forms as a condition precedent. The landlord cross-moved for sanctions, alleging frivolous conduct. The court partially granted the tenant's motion to consolidate, combining cases in similar procedural postures involving the same building and petitioner. The court denied the landlord's cross-motion, finding the tenant's motion was not frivolous. The tenant's motion to dismiss the petitions was deferred and restored for a future status conference.
Afternoon Delight Fifth Avenue Associates, Llc V. Campbell
Afternoon Delight Fifth Avenue Associates, Llc V. Campbell
All Decisions
In this holdover proceeding, the landlord sought possession of a deregulated apartment after serving a non-renewal notice under RPL 226-c. The landlord moved for use and occupancy. The tenant cross-moved for leave to amend their answer and for summary judgment, arguing the landlord failed to serve the predicate notice. The court granted the tenant's motions, deeming the amended answer served and dismissing the proceeding without prejudice. The court found no affidavit of service of the predicate notice in the record, a statutory requirement and condition precedent for maintaining the holdover, thus denying the landlord's motion as moot.
Chan V. Encalada
All Decisions
In a nonpayment proceeding, the landlord's petition was dismissed. After a trial on tenant's counterclaims, the court found for the tenant, awarding a $20,000 rent abatement for breach of warranty of habitability due to conditions like damaged floors, mold, lack of heat/cooking gas, and pests. The tenant also proved harassment, receiving $1,000 in compensatory damages and $35,000 in punitive damages, citing the landlord's omission of essential services demonstrating intent or malice, including physical assaults. The court also ordered the landlord to correct all outstanding DHPD violations.
Hussain V. Nelson
All Decisions
The landlord commenced a holdover proceeding against the tenant, classifying them as a licensee following a foreclosure. The tenant moved to dismiss, arguing the termination notice was defective. The court determined the tenant, a former owner who sold the property to an entity that later faced foreclosure, was actually a tenant at sufferance, not a licensee. As such, the tenant was entitled to a 30-day notice of termination under RPL § 228, not the 10-day notice issued under RPAPL § 713. The court granted the tenant's motion to dismiss the proceeding without prejudice due to the improper predicate notice.
29 Flatbush Associates Llc V. Medina
29 Flatbush Associates Llc V. Medina
All Decisions
In this licensee holdover for a rent-stabilized apartment, also subject to LIHTC, the tenant moved for summary judgment asserting succession. The landlord opposed, arguing succession would violate LIHTC rules due to the successor's household size and income, jeopardizing tax credits. The court held LIHTC rules do not preempt RSC succession. It found the regulatory agreement provides exceptions for compliance, and prior non-inclusion on household composition does not bar succession. The court denied the landlord's cross-motion and granted the tenant's motion for summary judgment, finding succession established and dismissing the proceeding.
Macias V. Macias
All Decisions
The landlord initiated a summary holdover proceeding to evict the former spouse, categorized as a tenant at will or sufferance, after their divorce. The tenant sought dismissal, asserting lack of subject matter jurisdiction and a defective predicate notice. The court denied the dismissal motion, affirming its jurisdiction over tenancies at will or sufferance under RPAPL § 711(1) and RPL § 228, clarifying that the spousal support obligation did not preclude jurisdiction. Although the court granted the tenant leave to file a late answer, it proceeded to a summary determination, concluding that no triable issues of fact existed since the tenant …
Ceylon Leasing; Lp V. Ventura
All Decisions
In this nonpayment proceeding; the court held a traverse hearing after the tenant moved to vacate a default judgment. Both the process server and the tenant were deemed credible. However; the court found the landlord failed to prove proper in-hand service of process by a preponderance of the evidence; citing a significant discrepancy between the tenant's physical appearance and the description in the affidavit of service; which aligned more closely with the tenant's mother. As the landlord did not move to amend the service type; the court could not sua sponte deem it substitute service. Consequently; personal jurisdiction over the …
Clinton Arms Associates V. Gonzalez
Clinton Arms Associates V. Gonzalez
All Decisions
In this nonpayment proceeding for a project-based Section 8 unit, the court granted the tenant's motion to amend her answer and for summary judgment, dismissing the case. The landlord failed to comply with mandatory HUD Handbook recertification and termination procedures, including serving deficient and untimely notices lacking required information and proof of both mailing and personal delivery. Inconsistencies in the tenant's file further highlighted the landlord's procedural failures, which improperly terminated the tenant's subsidy. As the subsidy termination was improper, the landlord was barred from maintaining a nonpayment proceeding based on market rent.
Clinton Arms Associates V. Gonzalez
Clinton Arms Associates V. Gonzalez
All Decisions
The court granted the tenant's motion for summary judgment, dismissing the landlord's nonpayment petition. The landlord sought market rent after purporting to terminate the tenant's HUD Project-Based Section 8 subsidy. However, the landlord failed to demonstrate compliance with HUD Handbook regulations for recertification and subsidy termination. Specifically, the recertification and termination notices lacked required information, proof of proper service (including attempted personal delivery for termination), and timely issuance. The court found that deficient recertification notices, which did not state the exact market rent, preclude a nonpayment proceeding. No question of fact existed regarding the landlord's non-compliance, necessitating dismissal.
Marion Realty Llc V. Hall
All Decisions
In this non-primary residence holdover, the tenant moved to vacate a two-attorney stipulation of settlement, entered into with prior counsel, which required her to surrender possession. The court denied the tenant's motion, finding no evidence of fraud, collusion, mistake, or accident to invalidate the agreement. The court emphasized that a change of heart or perceived poor bargain by a represented party is insufficient to vacate a duly negotiated stipulation. As a result, the landlord may issue a warrant of eviction against the primary tenant. However, the court granted the co-respondent's motion to dismiss, as the landlord improperly used a "John …
201 Linden Blvd Partners, Llc V. Samuel
201 Linden Blvd Partners, Llc V. Samuel
All Decisions
Court dismissed nonpayment petition because the rent demand failed to credit earmarked DSS/HRA shelter payments and sought rent in excess of the collectible legal regulated rent under a DHCR rent reduction order. Court rejected landlord's contention that the variance between actual arrears owed and the allegations in the rent demand was de minimis.
Dunbar Apt. Holdings Llc V. Johnson
Dunbar Apt. Holdings Llc V. Johnson
All Decisions
The court granted the tenant's motion to amend her answer and for discovery related to a rent overcharge counterclaim. The tenant's counsel argued that a large increase in the registered rent, following a period of purported temporary exemption, was unreliable under the amended Rent Stabilization Code. The court agreed, citing a recent First Department decision and noting that the 2014 amendment to the Rent Stabilization Code bars a landlord from charging a "first rent" after a temporary exemption. The decision allows the tenant to proceed with discovery to determine the reliability of the rent history.
Ppc Residential Llc V. Urtarte
Ppc Residential Llc V. Urtarte
All Decisions
In a nonpayment proceeding where the petition was dismissed, the court denied the landlord's motion to dismiss the tenant's counterclaims. The court held that the counterclaims, which alleged **breach of the warranty of habitability**, survived the dismissal of the petition because the amended answer containing them had been deemed filed prior to the dismissal. The court also denied the landlord's request for an extension of time to file a reply, finding they failed to provide a reasonable excuse for the delay. The court, however, did grant the landlord's motion to join the condominium board as a necessary party, to determine …
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, the tenant moved for summary judgment, arguing he was a "disabled person" under rent control regulations and thus only required to prove one year of co-residency for succession rights. The landlord argued against applying the broader definitions from the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), favoring the narrower standard of the original Americans with Disabilities Act (ADA) as applied in a prior appellate case. The court, however, ruled that whether the tenant is a "disabled person" is a triable issue of fact and that it may appropriately look to the ADAAA for guidance, …
Riverbay Corp. V. Dawson
All Decisions
In this nonpayment case, the tenant's attorneys made an oral motion for a civil penalty under CPLR § 5020(c) against the landlord for failing to file a satisfaction of judgment within 20 days after receiving full payment. The court dismissed the application, holding that Housing Court, a special proceeding, lacks jurisdiction to hear this claim. The court reasoned that CPLR § 5020(c) specifies that such a penalty is "recoverable by the judgment debtor" in a separate plenary action, not within the confines of a summary proceeding. The tenant was directed to pursue the claim in a different venue, such as …
700 Bklyn Realty Llc V. Lynch
All Decisions
The court granted the landlord a money judgment for legal fees and use and occupancy in a non-primary residence holdover. The tenant failed to appear or provide discovery, leading to a default judgment of possession for the landlord. The court found the landlord was the prevailing party and therefore entitled to fees under the lease. Citing public policy to discourage non-primary residence occupancy, the court awarded the landlord $54,780 in legal fees and a separate judgment of $65,298.97 for use and occupancy and eviction costs.
Matter Of West Pierre Assoc. Llc V. Harvey
Matter Of West Pierre Assoc. Llc V. Harvey
All Decisions
In this consequential decision, the Appellate Division, First Department, reversed a lower court's ruling and allowed a tenant to challenge the legality of her rent. The tenant's lease began in 2020, after the Housing Stability and Tenant Protection Act (HSTPA) became effective, but the alleged unlawful rent increase dated back to 2014. The court held that applying the HSTPA to this case was a prospective application, not a retroactive one, and therefore, the tenant could examine the entire rent history under HSTPA's Part F. The court granted the tenant's motion for discovery and reinstated her rent overcharge counterclaim.
Idehen V. Stoute-Phillip
All Decisions
An attorney for the landlord was sanctioned for submitting motion papers that cited numerous non-existent cases, which were determined to be the result of using an AI-based research tool without proper verification. The court found this to be frivolous conduct under 22 NYCRR § 130-1.1, warranting a $1, 000 sanction and a referral to the State of New York Grievance Committee. This decision highlights the legal risks and ethical obligations associated with using artificial intelligence for legal research, emphasizing the duty of an attorney to verify all citations and factual statements. The attorney's subsequent filing of a 94-page document with …
Gomez V. Yang Llc
All Decisions
The court reversed a Civil Court order regarding the calculation of attorneys' fees in an HP action. The lower court awarded fees based on the rates for 18-b assigned counsel, but the Appellate Term held that legal services organizations are entitled to fees based on the prevailing market rate in the community, regardless of their nonprofit status. The case was remitted to the lower court for a new hearing to determine a reasonable fee award based on the correct standard, citing precedent that nonprofit counsel should be valued the same as private attorneys.
Rodriguez V. Hub Bk, Llc
All Decisions
The court reversed a lower court's dismissal of a tenant's illegal lockout petition, ordering restoration of possession. The tenant, a lawful occupant, was locked out of her apartment after the tenant of record died. The lower court had applied the "doctrine of futility, " reasoning that since the occupant had no possessory rights, it would have been pointless for the landlord to commence a summary proceeding. The appellate court rejected this, ruling that the doctrine of futility is no longer valid after the Housing Stability and Tenant Protection Act of 2019 (HSTPA), which grants lawful occupants the right to due …
62-60 99th St. Owner Ii, Llc V Bobchev
62-60 99th St. Owner Ii, Llc V Bobchev
All Decisions
In a non-payment proceeding, the court granted the tenant's motion for leave to amend her answer and for discovery. The court held that the landlord failed to prove prejudice or that the amendments were without merit, especially since the tenant was previously pro-se. The court granted discovery on the tenant's fraudulent deregulation and rent overcharge counterclaim, finding a "totality of the circumstances" indicating a fraudulent scheme. This conclusion was supported by a 140% rent increase from the last registered rent-stabilized tenant, a gap in registrations, an unexplained re-entry into rent stabilization, and a post-HSTPA rent increase of over 20%.
1616 President St. Assoc. Llc V. Edwards
1616 President St. Assoc. Llc V. Edwards
All Decisions
A landlord sought to reargue a prior order granting a tenant a 100% rent abatement for rent-impairing violations under MDL § 302-a, arguing the abatement period should not extend beyond the rent sought in the unamended petition. The court denied the motion, distinguishing a prior Appellate Term decision (1616 President Street Associates, LLC v. Ann Marie Ackie, 84 Misc 3d 128(A) [App Term, 2d Dept])concerning rent deposit requirements from the court's authority to grant a full abatement on the merits. The court affirmed that MDL § 302-a permits a 100% abatement for the entire period a rent-impairing violation remains uncorrected …
Beverly Holdings N.Y., Llc V. Blackwood
Beverly Holdings N.Y., Llc V. Blackwood
All Decisions
In this nonpayment proceeding, the court affirmed the dismissal of the petition, granting the tenant's motion for summary judgment. The tenant successfully used Multiple Dwelling Law § 302-a as an affirmative defense, proving that the landlord failed to correct rent-impairing violations in the building's public areas for over six months. The court rejected the landlord's argument of lack of access, as the violations were not within the tenant's apartment. It also dismissed the landlord's claim that the tenant failed to certify the uncorrected violations, noting that the landlord's own failure to file a certification of compliance established a prima facie …
Westchester Capital Co., Llc V. Richardson
Westchester Capital Co., Llc V. Richardson
All Decisions
The court dismissed the landlord's holdover petition, granting the tenant's motion to dismiss. The court found the petition fatally defective for failing to plead the tenant's protected status as a non-purchasing tenant under the Martin Act. Additionally, the predicate 90-day notice was deemed insufficient as it vaguely alleged a "poor history of making rent payments on time" without specific details, failing to establish "good cause" for eviction required by the Martin Act. The court denied the landlord's cross-motion to amend and the tenant's summary judgment motion as moot.
Kings Vil. Corp. V. Pascal
All Decisions
The court granted the tenant's motion to dismiss the nonpayment petition, finding the rent demand defective due to the inclusion of substantial lump-sum charges lacking specific periods of accrual. While the court noted that fees and non-rent charges are permissible in co-op nonpayment cases if allowed by the proprietary lease, the large "Prior Agent" lump sums for maintenance, assessment, and parking rendered the demand insufficient to "fairly appraise" the tenant of the arrears, thus undermining the proceeding. The dismissal was without prejudice.
Inga V. Revenco
All Decisions
The court partially granted the landlord's motion to amend the petition to include GCEL applicability and good cause grounds, and partially granted the tenant's motion to amend her answer. It denied the tenant's motion to dismiss outright. While the initial predicate notice served before GCEL's enactment was valid, the petition filed afterward needed to conform. The court allowed the landlord to proceed on the **non-payment of rent** ground, finding it sufficiently pleaded with specific amounts and dates, but dismissed the **nuisance** and **illegal sublet** grounds due to lack of factual specificity in the petition.
Hudson Shore Associates Limited Partnership, Haven On The Hudson Llc, Kenneth Levinson, And Hudson Valley Property Owners Association Et Al. V. State Of New York, New York State Division Of Housing And Community Renewal, Village Of Nyack, New York, And City Of Poughkeepsie, New York
All Decisions
Landlords challenged New York's Vacancy Provisions, alleging Fourth Amendment violations for warrantless searches of rent rolls and Fourteenth Amendment due process violations concerning vacancy calculations. The court affirmed dismissal, holding that Article 78 proceedings provide sufficient pre-compliance review for record demands, and the low risk of coercion mitigates Fourth Amendment concerns. Due process was satisfied by opportunities for landlords to contest vacancy calculations through public hearings and subsequent Article 78 review, ensuring constitutional muster.
Natale Family Trust V. Heidel
All Decisions
The Appellate Term reversed a lower court's judgment that dismissed a landlord's holdover petition. The lower court had granted tenant summary judgment, finding the premises a rent-stabilized horizontal multiple dwelling, and denied the landlord's cross-motion to amend the petition to substitute a trustee for the trust as petitioner. The Appellate Term ruled that triable issues of fact existed regarding the horizontal multiple dwelling status, precluding summary judgment. It also held that a trust, while not a proper party, does not affect subject matter jurisdiction, allowing amendment to substitute the trustee. The case was remitted for further proceedings.