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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 61 - 90 of 255
Full-Text Articles in Entire DC Network
Ditmas Flats, Llc V. Perez
All Decisions
The Appellate Term reversed a Civil Court order that dismissed the landlord's illegal sublet claim and denied its motion to dismiss the tenant's affirmative defenses. The court held that the predicate notices, though not naming the alleged subtenant, were sufficiently reasonable to establish grounds for eviction and enable the tenant to frame a defense, reinstating the illegal sublet claim. The nonprimary residence claim was properly dismissed due to the landlord's failure to serve a statutory nonrenewal notice. The matter was remitted to the Civil Court to determine the merits of the landlord's motion to dismiss the tenant's affirmative defenses.
Brighton Realty Llc V. Berger
All Decisions
In this holdover nuisance case, the tenant moved to dismiss for improper service. The landlord's process server testified to substitute service on a person allegedly residing at the apartment, but the tenant asserted she lived alone and knew no such individual. The court found the process server's testimony not credible, citing his failure to maintain GPS records, logbooks, or adhere to terms of prior consent orders mandating compliance with legal service procedures. The court emphasized that his complete lack of records, inconsistent testimony, and prior disciplinary issues undermined the validity of service. Consequently, the court sustained the traverse and dismissed …
Central Harlem Associates Llc V. Robbins
Central Harlem Associates Llc V. Robbins
All Decisions
In this holdover proceeding involving a LIHTC property, the tenant moved to dismiss on grounds that the landlord failed to serve a Violence Against Women Act (VAWA) notice as required by federal regulations prior to eviction. The landlord conceded the omission but argued no prejudice resulted and that the tenant had prior knowledge of VAWA rights. The court rejected these defenses, holding that predicate notice defects are fatal and not subject to amendment, emphasizing the mandatory nature of VAWA compliance. The petition was dismissed without prejudice. Practice note: In federally subsidized housing, omission of required predicate notices such as VAWA …
Okonkwo V. Galbreath
All Decisions
In this expired license holdover proceeding, Respondent moved to dismiss on the ground that the subject SRO building is subject to the Good Cause Eviction Law and Petitioner had not alleged cause to evict. The court dismissed the petition because Petitioner, though claiming the small landlord exemption under RPL § 231-c, failed to plead in the petition or predicate notice the ownership disclosure required by RPAPL § 741(5-a) and (5-b).
Rp Wimbledon Owner, Llc V. Chisholm
Rp Wimbledon Owner, Llc V. Chisholm
All Decisions
A landlord's GCEL holdover petition, based on nonpayment, was dismissed for failing to provide sufficient detail regarding alleged rent arrears in both the non-renewal notice and the petition. The court ruled that due to the tenant's right to cure under GCEL and RPAPL § 751, a lump sum allegation of arrears was unreasonably vague, prejudicing the tenant's ability to defend or resolve the dispute. The decision emphasized that predicate notices and petitions must include enough factual specificity, like periods of nonpayment, to allow a tenant to understand the claim and interpose defenses.
Ash Ave Llc V. Allison
All Decisions
Petitioner filed a non-payment proceeding against a rent stabilized tenant after a rent reduction order was issued for a defective intercom system. The tenant moved to dismiss, arguing the petition and rent demand were defective for failing to reference the rent reduction order and for seeking excessive rent. The court found the petition defective, particularly for not including the rent reduction order, and granted the tenant's motion to dismiss.
Mtglq Invs., Lp V. Mendoza
All Decisions
In this post-foreclosure holdover proceeding, the tenant moved to dismiss the petition based on the use of an outdated predicate notice. The petitioner, MTGLQ Investors, admitted to a filing error and cross-moved to amend the petition, submitting the correct notice of service. The court, under CPLR §2001, allowed the petitioner to correct the error and deemed the correct notice served nunc pro tunc, denying the tenant's motion to dismiss. The tenant's motion to file an answer was granted, and the matter was scheduled for trial.
1334 B Llc. V. Pritchard
All Decisions
In this holdover proceeding, the landlord erroneously alleged that the tenant, a rent-stabilized tenant, was a licensee. After sanctions were imposed against landlord's counsel, the landlord moved to discontinue the proceeding. The court granted the motion but also issued an Order to Correct outstanding housing code violations and permitted the tenant to amend their answer to include counterclaims, a significant victory for the tenant given the initial flawed legal position of the landlord.
1616 President St. Assoc., Llc V Brathwaite
1616 President St. Assoc., Llc V Brathwaite
All Decisions
The landlord sought arrears for a rent-stabilized unit, but the tenant successfully asserted a rent-impairing violation defense under MDL § 302-a. The court found the landlord barred from collecting rent for June 2020–May 2022 due to an uncorrected HPD violation, granting a 100% rent abatement and dismissing the petition. The tenant was awarded the deposited funds, and counterclaims remain for further proceedings.
383-17 Llc V. Kwabena Boadu
All Decisions
In this non-payment case, the tenant moved for summary judgment based on an overcharge claim, asserting that a two-attorney stipulation in a prior case violated the Rent Stabilization Code by setting the rent above what was allowable. The landlord argued that the stipulation, made post-HSTPA, was valid under 9 NYCRR 2520.13, which permits tenants to waive certain rights. The court rejected this argument, ruling that such stipulations, which violated the Rent Stabilization Code, were void as against public policy. Consequently, the landlord was found liable for the overcharge, although the exact overcharge amount was left unresolved pending further proceedings.
575 Herkimer St. Assoc., Llc V. Forbes
575 Herkimer St. Assoc., Llc V. Forbes
All Decisions
In a non-payment case involving eight tenants, the landlord's request for direct testimony by affidavit was granted. The court ordered that both sides submit their witnesses' direct testimony through affidavits, beginning with the landlord's counsel submitting direct testimony by November 15, 2024. Objections and revisions by the tenants' counsel must follow. The court held that this procedure, while objected to by the tenants, was in line with evolving court practices to expedite proceedings and did not violate the tenants' right to a fair trial. This order aims to streamline the process while maintaining the integrity of the trial.
Sanford Assoc. Holdings Llc V. Shekhman
Sanford Assoc. Holdings Llc V. Shekhman
All Decisions
In this nonpayment proceeding, the landlord's claim was dismissed because the tenant did not have a rental agreement at the time the case was filed. The court found that the tenant's obligations only arose after signing a lease in April 2024, making the rent demand defective. As a result, the landlord failed to establish a cause of action, and the case was dismissed.
1334 B Llc V. Pritchard
All Decisions
In this holdover proceeding, the court sanctioned the landlord's attorneys for misconduct after they failed to conduct a reasonable inquiry into the tenant's status. The court found that the tenant had lived in the Rent Stabilized apartment for over 20 years and had received Section 8 benefits. The attorneys' actions, including false representations and inappropriate conduct, warranted financial penalties and a referral to the Grievance Committee.
Park View Bay Llc. V. Morales
All Decisions
In this non-payment proceeding, the court corrected a prior error by granting Tenant's motion to reargue Judge Hahn's previous denial of the respondent's motion to dismiss. Upon reargument, this court dismissed the case based on the undisputed fact that no lease was in effect when the non-payment proceeding began, referencing Fairfield Beach 9th, LLC v. Shepard-Neely. Tenant Respondent argued that the petitioner sought rent for a period after the rent-stabilized lease had expired. While some First Department courts have indicated that a non-payment case could be maintained despite the absence of a lease at the time of commencement, Judge Tovar …
Jpmorgan Chase Bank, National Association V. Carrasquillo
Jpmorgan Chase Bank, National Association V. Carrasquillo
All Decisions
In this post-foreclosure holdover proceeding, the court found the predicate notice defective due to the petitioner's failure to comply with the required 90-day notice under the Protection Tenants at Foreclosure Act (PTFA). The petitioner issued a conflicting notice that created ambiguity by presenting two timelines and then filed for eviction within two weeks, violating the notice's provisions. As a result, the court dismissed the case without prejudice, emphasizing that a defective notice cannot be amended.
Mandalay Leasing L.P. V. Andall
Mandalay Leasing L.P. V. Andall
All Decisions
In this nuisance holdover proceeding, the landlord's claims of the tenant's alleged violent behavior toward staff were insufficient to establish a pattern of nuisance. The court found that the incidents described lacked the necessary specificity and did not demonstrate a sustained risk or significant harm, leading to the dismissal of the petition.
Consulting Ss, Inc. V. Faison
All Decisions
AT2 consolidated three appeals by the same landlord, who sought to evict tenants from a basement apartment and two SRO units, claiming the building was a two-family dwelling and not rent-stabilized. Each tenant argued the building had seven residential units—one apartment and six SROs—making it subject to rent stabilization. The lower court agreed with the tenants, granting summary judgment due to the landlord's failure to serve required statutory termination notices. The Appellate Term affirmed, ruling that the building’s rent stabilization status depends on the units’ function as residences, regardless of their legality under a certificate of occupancy.
Consulting Ss, Inc. V. Gorham
All Decisions
AT2 consolidated three appeals by the same landlord, who sought to evict tenants from a basement apartment and two SRO units, claiming the building was a two-family dwelling and not rent-stabilized. Each tenant argued the building had seven residential units—one apartment and six SROs—making it subject to rent stabilization. The lower court agreed with the tenants, granting summary judgment due to the landlord's failure to serve required statutory termination notices. The Appellate Term affirmed, ruling that the building’s rent stabilization status depends on the units’ function as residences, regardless of their legality under a certificate of occupancy.
Consulting Ss, Inc. V. Mckellar
Consulting Ss, Inc. V. Mckellar
All Decisions
AT2 consolidated three appeals by the same landlord, who sought to evict tenants from a basement apartment and two SRO units, claiming the building was a two-family dwelling and not rent-stabilized. Each tenant argued the building had seven residential units—one apartment and six SROs—making it subject to rent stabilization. The lower court agreed with the tenants, granting summary judgment due to the landlord's failure to serve required statutory termination notices. The Appellate Term affirmed, ruling that the building’s rent stabilization status depends on the units’ function as residences, regardless of their legality under a certificate of occupancy.
Hull Unique Equities Llc V. Boone
Hull Unique Equities Llc V. Boone
All Decisions
The landlord, Hull Unique Equities LLC, initiated a holdover proceeding against the tenant, Tyiesha Boone, seeking to recover the premises located at 2350 Pacific Street, Apt 3, Brooklyn, NY 11233. The tenant responded by moving to dismiss the case on the grounds that the landlord had failed to comply with New York's Limited Liability Company Law §206(a) by not publishing its articles of organization within 120 days of its formation. The court granted the tenant's motion, dismissing the case without prejudice and finding that the landlord's failure to comply with the LLC Law was a fatal defect that could not …
178 E. 70th St. Llc V. Woodward
178 E. 70th St. Llc V. Woodward
All Decisions
In this non-primary residence holdover case, the landlord sought to evict the tenant of record. The tenant's son asserted succession rights and ultimately prevailed after a 14-year legal battle. The court dismissed the eviction proceeding, recognizing the son's right to succeed to the tenancy. Subsequently, the son sought attorney's fees as the prevailing party. The court awarded $53,145 in attorney's fees and costs, including fees for the son's pro se work at a paralegal rate. This decision notably allows for attorney's fees to be awarded to a successful pro se litigant in a housing court case.
Ocean Properties Llc V. Sierra
Ocean Properties Llc V. Sierra
All Decisions
The landlord initiated a holdover proceeding against the tenant, claiming that the tenant's license to occupy the apartment had terminated upon the death of the tenant of record. The tenant defended the proceeding by asserting that she was entitled to succeed to the tenancy pursuant to the Rent Stabilization Code. The court denied the landlord's motion for partial summary judgment, finding that the tenant's right to succeed to the tenancy was not extinguished by the terms of a prior stipulation and was protected by the Rent Stabilization Law and Code.
Board Of Directors For Kings Oak Terrace Coop. Apts. Inc. V Bersh
Board Of Directors For Kings Oak Terrace Coop. Apts. Inc. V Bersh
All Decisions
The landlord, Board of Directors for Kings Oak Terrace Coop. Apts. Inc., commenced a holdover licensee proceeding against the tenant, William Bersh, who was the licensee of the subject premises pursuant to an agreement with the previous shareholder, Sara Bersh. The tenant moved to dismiss the proceeding, arguing that the estate of Sara Bersh was a necessary party. The court agreed, finding that the estate of a deceased tenant is a necessary party to a holdover proceeding unless the lease has been terminated, cancelled, surrendered, or assigned. The court dismissed the proceeding without prejudice.
Woodhull Park 191 Llc V. W.M.
All Decisions
The landlord initiated a holdover proceeding against the tenant for allegedly illegally subletting the rent-stabilized apartment. The tenant defaulted at the inquest, but later filed an order to show cause to vacate the default judgment. The court granted respondent's order to show cause and vacated the default judgment and warrant pursuant to CPLR § 5015(a)(1). The court found that respondent had a reasonable excuse for her default and set forth potentially meritorious defenses of no illegal sublet. The court vacated the default judgment and warrant, and restored the proceeding for trial.
309e75 Stone Llc V. Ramos
All Decisions
The landlord commenced a non-payment proceeding against the tenant based on the tenant's alleged default on rent for a market rate apartment. The tenant argued that the apartment was illegally deregulated and the landlord is charging an illegal rent. The court granted the tenant's motion for discovery to allow them to investigate their claims. The court also denied the landlord's motions to strike the tenant's defenses and for summary judgment. The court found that there are triable issues of fact concerning the apartment's regulatory status and fraud.
41-47 Nick Llc V. Odumosu
All Decisions
Landlord sued tenant in a non-payment proceeding for a rent-stabilized apartment. Tenant claims fraudulent overcharge and seeks rent reduction. The case hinges on whether the court will apply the new Chapter Amendments standard (totality of the circumstances) or the stricter Burrows decision for fraudulent overcharge claims in rent-stabilized apartments.
294 5th Ave. Realty Partners Llc V. Jimenez
294 5th Ave. Realty Partners Llc V. Jimenez
All Decisions
Landlord commenced a non-payment proceeding against a rent-controlled tenant. Tenant moved to dismiss based on rent-impairing violations and harassment. Court granted tenant's motion, finding rent-impairing violations existed for over a year, and landlord failed to correct them. The court granted a 100% rent abatement from October 2019 to June 2023 due to these violations. Court also found evidence of harassment based on landlord's repeated failure to correct the roof leak and imposed a $10,000 penalty. Landlord's prior squatter holdover proceedings were deemed not to constitute harassment.
Newport Gardens Apartment, L.P. V. Surles
Newport Gardens Apartment, L.P. V. Surles
All Decisions
The landlord commenced a nonpayment proceeding against the tenant, alleging rent arrears. The tenant moved to dismiss the petition, arguing that the predicate rent demand was defective for failing to clearly specify the alleged arrears period and including non-itemized, non-rent charges. The court agreed that the rent demand did not comply with statutory requirements and was too confusing to inform the tenant of the actual amount owed. As a result, the court granted the tenant's motion and dismissed the nonpayment petition without prejudice to the landlord re-filing with a proper rent demand. The court also ordered the landlord to correct …
Haskins V. Gutierrez
All Decisions
This holdover proceeding, based on a 90-day termination notice, was dismissed without prejudice. The tenant successfully argued that the termination notice failed to mention her Section 8 voucher, a crucial detail required by law. The court emphasized that such notices must accurately describe the tenancy, including any Section 8 status, to fulfill regulatory requirements. As the notice was deficient and could not be amended, the petition was dismissed.
Jewish Bd. Of Family & Children's Servs., Inc. V. Sabater
Jewish Bd. Of Family & Children's Servs., Inc. V. Sabater
All Decisions
In a holdover eviction proceeding, the court ruled in favor of the landlord, allowing the amendment of the petition and denying the tenant's motion. Key legal points include the interpretation of statutory provisions regarding supportive housing programs and the sufficiency of termination notices.