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 91 - 120 of 255
Full-Text Articles in Entire DC Network
Fieldbridge Assoc. Llc V. Rivers
Fieldbridge Assoc. Llc V. Rivers
All Decisions
In a non-payment proceeding in a rent-stabilized property, the court denied the tenant's motion for summary judgment, ruling that the landlord could sue for rent arrears based on the actual lease agreements rather than solely relying on the last registered rent with the DHCR. The court emphasized that the essence of the agreement between landlord and tenant, as reflected in the lease, governed the rent due, not just the last registered amount. The decision highlights the importance of lease terms in determining rent obligations in rent-stabilized properties.
65 West 68th Street Llc V. Balangue
65 West 68th Street Llc V. Balangue
All Decisions
The landlord sued the tenant in a holdover proceeding, claiming the tenant created a nuisance by allowing unauthorized people to live in the recreation room. The court dismissed the case because the landlord's notices failed to specify how the tenant's actions substantially disturbed other tenants or violated the lease.
Lincoln Sponsor Llc V. Wellington
Lincoln Sponsor Llc V. Wellington
All Decisions
In this non-payment case, the tenant moved to amend her answer and to dismiss the petition due to a defective rent demand. The court granted the motion to amend, noting the absence of prejudice to the landlord and the potential merit in the proposed defenses. Regarding the motion to dismiss, the court found the rent demand lacking clarity and specificity, particularly concerning additional charges, and dismissed the petition without prejudice, emphasizing the importance of compliance with RPAPL 711.
Bertie V. Norman
All Decisions
The landlord brought a holdover proceeding to evict the tenant, claiming the lease had expired. The tenant argued that the building was rent-stabilized because there were once two illegal basement apartments. The court found in favor of the tenant, reasoning that violations issued by the Department of Buildings documenting the existence of two basement apartments constituted unrebutted evidence, and that the landlord failed to disprove their existence. Since the building had more than four apartments, rent stabilization applied to all units.
654 Putnam Owners Llc V. Humphries
654 Putnam Owners Llc V. Humphries
All Decisions
In this non-payment proceeding for a rent-stabilized unit, the court granted the tenant's motion to dismiss the petition pursuant to CPLR 4401 after the landlord rested its case at trial. The landlord alleged the unit was deregulated due to high rent vacancy, but failed to prove deregulation despite bearing the burden. The only evidence offered was speculative testimony about alleged renovations from a witness lacking personal knowledge, and DHCR rent registration records which expressly disclaimed attesting to the truthfulness of the registered rents. The court found this evidence insufficient as a matter of law to establish deregulation, an element of …
43-09 47th Ave. Llc V. Santiago
43-09 47th Ave. Llc V. Santiago
All Decisions
In this nonpayment proceeding against a rent-stabilized tenant, the tenant moved for a stay pursuant to RPAPL § 755 due to a vacate order issued by the Department of Housing Preservation and Development after a fire in the building. The court granted the tenant's motion, holding that the vacate order constructively evicted the tenant, triggering RPAPL § 755(1)(a). Contrary to the landlord's argument, the court ruled that the tenant was not required to deposit all rent arrears under RPAPL § 755(2), but only the monthly rent. The court directed the tenant to pay the $1 monthly rent set by DHCR …
140-60 Beech, Llc V. Madan
All Decisions
In a Holdover-Breach of Lease case in the Civil Court of the City of New York, Queens County, 140-60 Beech, LLC sought to enforce a provision in the lease requiring air conditioning units to be installed in a wall sleeve rather than a window. The tenant argued that the landlord waived its right to enforce this provision by allowing the window unit for nearly 25 years. The court agreed with the tenant, finding that the landlord's inaction constituted a waiver of its right to enforce the provision. The court granted the tenant's motion for partial summary judgment, dismissing the petition …
Eleven Eleven Realty Assoc. V. Elizabeth
Eleven Eleven Realty Assoc. V. Elizabeth
All Decisions
In this non-payment case in a co-op in Kings County, the tenant moved for summary judgment seeking a 100% rent abatement based on rent impairing violations in the common areas of the premises, citing MDL § 302-a. The landlord opposed, arguing lack of control over the common areas. However, evidence presented suggested landlord's control over maintenance decisions. The court granted tenant's motion, awarding the rent abatement, emphasizing landlord's responsibility under RPAPL 235-b to maintain habitability, and interpreting MDL § 302 to cover violations in areas under landlord's control, resulting in a substantial win for the tenant.
Genao V. Chen
All Decisions
The case involves a tenant petitioning for correction of violations of the Housing Maintenance Code (HMC). Following a Consent Order to Correct (OTC), the tenant filed an Order to Show Cause (OSC) seeking to restore the matter to the calendar for various relief, including penalties for non-compliance with the OTC. Despite service, the respondent failed to appear, leading to an inquest where the tenant provided evidence of non-compliance with the OTC. The court found the respondent in civil contempt for failing to correct a specific violation, ordering fines and potential incarceration if contempt was not purged within a specified time …
Tatum V. Jack
All Decisions
In a non-payment proceeding before the Civil Court of the City of New York, Kings County, Judge Karen May Bacdayan granted the landlord's motion to vacate a stipulation of settlement entered into between the parties. The court found that although there was no clear evidence of mutual mistake at the time of the stipulation, there existed a material error that warranted vacating the agreement. Key legal points include the court's discretionary power to relieve a party of an agreement if it can be shown that the mistake is substantial and that vacatur is necessary to prevent unjust enrichment. Additionally, the …
Ladan Realty Corp. V. Kercy
All Decisions
In this holdover proceeding concerning a rent-stabilized premises, the landlord sought to recover possession based on the tenant's alleged non-primary residence. The landlord served a Notice of Non-Renewal and Termination of Tenancy, terminating the tenancy due to the tenant's purported absence from the premises. However, the court found the notice defective, as it contained speculative and generic allegations without sufficient detail or evidence to support the claim of non-primary residence. The court dismissed the proceeding, granting the tenant's motion, and denied the landlord's motion to vacate the ERAP stay, ruling in favor of the tenant. Key legal points include the …
Diversified Equities Llc V. Swint
Diversified Equities Llc V. Swint
All Decisions
Landlord initiated a holdover proceeding to evict tenant, claiming she was a mere licensee without succession rights after the death of the rent-stabilized tenant of record. Tenant argued she had succession rights as a long-term partner and caregiver of the deceased. The court found in favor of tenant, recognizing her family-like relationship and entitlement to the lease, thus dismissing the proceeding. Key legal points included the interpretation of family member succession rights under rent stabilization laws.
Madison Edj Llc V. Clerveaux
All Decisions
In this non-payment proceeding, the tenant successfully invoked the MDL §302-a defense due to ongoing rent-impairing violations, including leaks and pest issues, that persisted for over six months. The court found that the landlord did not adequately address these conditions, thereby barring rent collection from September 2022 to January 2024. The tenant's counterclaims for habitability breaches were recognized, leading to the case dismissal and the order for the landlord to rectify existing HPD violations within specified timeframes.
109th Affordable Housing Llc V. Matthew Beck
109th Affordable Housing Llc V. Matthew Beck
All Decisions
In a non-payment proceeding against a month-to-month tenant, the court ruled that RPAPL 711(2) cannot be used for rent not paid after the end of any given month, as each month constitutes a separate term. This decision was based on RPAPL 711(2)'s requirement for a written agreement, RPL § 232-c's definition of month-to-month tenancies, and supporting case law. While the tenant raised other defenses, the court dismissed the case based on this interpretation of RPAPL 711(2).
Casa Pasiva Hdfc V. Machado
All Decisions
This is a non-payment case in which the tenant, who lives in a rent-stabilized HDFC apartment, owed over $40,000 in rent arrears. The landlord sought to evict the tenant, but the court granted the tenant's motion for a stay of eviction. The court found that the tenant had been paying his ongoing rent and that he had applied for rental assistance from the Department of Social Services. The court also found that the landlord would not be penalized by a further stay of the eviction. Key Legal Points: 1) A tenant's ongoing payment of rent can be a factor in …
Hamilton Heights Terrace Assoc. V. Aurora Espillat Vargas & Sabrina Espillat
Hamilton Heights Terrace Assoc. V. Aurora Espillat Vargas & Sabrina Espillat
All Decisions
Landlord's claim for non-payment and eviction dismissed due to insufficient notice to tenant regarding termination of subsidy and tenancy rights. Key Legal Points: VAWA notice not provided with termination or eviction notices, violating federal law. Notices lacked information about tenant's right to meet with manager, violating HUD regulations. Lack of proper predicate notice rendered landlord's case unviable.
New York City Hous. Auth. V. Barrett
New York City Hous. Auth. V. Barrett
All Decisions
A tenant of a NYCHA apartment plagued by severe roach, spider, and mice infestations won a temporary relocation, rent abatement, and violation order against the landlord (NYCHA). Citing the uninhabitable conditions and breach of habitability warranty, the court ruled for: tenant's relocation to eradicate the infestation, complete rent abatement until the apartment is habitable, immediate NYC Housing Maintenance Code violation repair orders, and reporting of the situation to the Consent Decree monitor overseeing ongoing improvements at NYCHA. This case highlights tenant rights to safe and healthy housing and the landlord's responsibility to maintain those conditions.
55 Perry Place Llc V. Wolfgang Ban
55 Perry Place Llc V. Wolfgang Ban
All Decisions
The case involves a nonpayment proceeding initiated by the landlord against the tenant. The tenant, represented by Manhattan Legal Services (MLS) under the Universal Access to Counsel (UAC) program, moved to amend the answer and conduct discovery regarding defenses and a counterclaim of unlawful deregulation fraudulent overcharge. The landlord sought to disqualify MLS, alleging the tenant's ineligibility for free legal services due to income levels. However, the court found the landlord lacked standing to challenge MLS's qualification, as no implied right of action was demonstrated. This decision underscores the legislative intent behind the UAC program and the limitations on landlord …
Jeremy Props., Llc V. Franklin
1614 Midwood Holdings Llc V. Tiliaeva
1614 Midwood Holdings Llc V. Tiliaeva
All Decisions
Granting motion for reargument and granting summary judgment in tenant’s favor, dismissing the case. Underlying motion for summary judgment argued that landlord was unable to maintain the proceeding because the tenant is rent stabilized without a current lease. Judge denied motion, finding that landlord’s acceptance of ERAP payment constituted a lease and/or agreement. Motion for reargument argued that the proceeding was commenced in November 2022 and landlord did not accept ERAP payment until December 2022, therefore at the time that the proceeding was commenced there was no lease and/or agreement in effect.
41-47 Nick Llc V. Odumosu
All Decisions
The tenant moved pre-answer to dismiss the landlord's holdover petition, arguing improper service of the termination notice. The court agreed with the tenant, finding that the landlord failed to meet the statutory requirements for service. Consequently, the case was dismissed, and the tenant substantially prevailed.
Birdie 141 Broadway Assoc., Llc V. Cruz
Birdie 141 Broadway Assoc., Llc V. Cruz
All Decisions
In this holdover proceeding in the Civil Court of the City of New York, Manhattan, the court denies the tenant's motion to dismiss and motion for summary judgment. The landlord initiated the case based on chronic late rental payments by the tenant, alleging breach of lease. The tenant argued for dismissal citing the statute of limitations and sought summary judgment claiming the landlord's failure to make repairs justified rent withholding. The court ruled that the statute of limitations did not bar the case and that the tenant's claims regarding the landlord's failure to make repairs were triable issues of fact, …
Pimor Associates Llc V. Delvalle
Pimor Associates Llc V. Delvalle
All Decisions
Landlord filed holdover proceeding based on noise nuisance and alleged late rent payments. During trial, landlord issued rent demand contradicting initial termination notice. Court found termination notice vitiated and dismissed holdover without prejudice, as a proceeding cannot be based on both termination and rent demand simultaneously. Key legal point: a holdover proceeding must have a clear and unequivocal predicate notice, and issuing a subsequent notice that contradicts the initial notice can render it ambiguous and lead to dismissal.
Richer V. Mignott Et Al.
All Decisions
In this holdover proceeding, the tenant moved for dismissal of the petition, arguing that the landlord failed to properly terminate the tenancy. The dispute centered around the interpretation of RPL 232-a, with the tenant contending that the termination notice must coincide with the expiration of the lease term. The court agreed with the tenant, emphasizing that in the absence of a defined term contract, a month-to-month tenancy is typically understood to follow a calendar month cycle. Despite the landlord's argument based on the amended RPL 232-a, the court concluded that the most reasonable interpretation, based on the parties' behavior and …
Hillside Park 168 Llc V. Zepeda
Hillside Park 168 Llc V. Zepeda
All Decisions
In this holdover proceeding the landlord sought post-litigation rent and use and occupancy from the tenant. However, the tenant argued for dismissal, asserting mootness due to vacating the premises and the absence of a current lease. The court denied the landlord's motion, considering that since the tenant no longer resided in the premises, a summary proceeding for rent was not appropriate. The court granted the tenant's cross-motion to dismiss the petition, allowing the landlord to apply for a default warrant against the remaining occupants. Key legal point: A summary proceeding for rent is not appropriate against a tenant who no …
1409-1415 St. Johns Place, Llc V. Callendar
1409-1415 St. Johns Place, Llc V. Callendar
All Decisions
In this holdover proceeding in a rent-stabilized housing unit, the landlord sought possession based on allegations of nuisance. However, the court granted the tenant's motion for summary judgment and dismissed the petition due to deficiencies in the predicate notice, which failed to specify the statutory authority for termination of tenancy as required by the Rent Stabilization Code. The court emphasized the importance of strict compliance with statutory requirements in summary proceedings and held that any defect in the predicate notices requires dismissal of the petition. Key legal point: Proper predicate notices, specifying the statutory authority for termination of tenancy, are …
Lake Sutter Ave Corp V. Manning
Lake Sutter Ave Corp V. Manning
All Decisions
In this case, petitioner landlord filed a holdover proceeding seeking possession of the premises and a money judgment. The court granted summary judgment in favor of the respondent, dismissing the proceeding due to petitioner's failure to comply with service requirements, specifically in serving the New York City Housing Authority (NYCHA) as required by the Williams Consent Decree. The court emphasized that proper service on NYCHA was essential, and the failure to do so deprived the court of jurisdiction over NYCHA, rendering the proceeding invalid. As a result, the respondent substantially won the case, and the petition was dismissed.