The landlord sought to evict a rent-stabilized tenant after the lease expired. The tenant claimed rights under the Housing Stability and Tenant Protection Act of 2019 (HSTPA), but the court ruled...
The landlord sued the tenant to gain access to the tenant's apartment to exterminate a roach infestation. The court ruled in favor of the landlord, finding that the lease agreement allowed the la...
The tenant sued the landlord for rent overcharge in a rent-stabilized apartment. The court ruled in favor of the landlord, finding that the landlord correctly calculated the overcharge and refund...
Petitioner appealed an ERAP decision denying additional rent and utilities assistance. ERAP argued the appeal was untimely. The court found the petition moot because ERAP reopened the appeal and ...
The court ruled that the tenant's apartment is rent-stabilized, but the tenant failed to establish a fraudulent scheme to recover rent overcharges from a period outside the legal timeframe. The c...
The DHCR affirmed the Rent Administrator's order granting a permanent rent reduction of $50 per month due to the landlord's modification of the lobby area, which reduced the available space and c...
DHPD brought a successful motion finding the landlord in contempt of court for failing to comply with a previous order to fix building violations and provide heat and hot water. The landlord was ...
The landlord sued the tenant for non-payment of rent, but the court dismissed the case because the landlord's demand for rent was based on an invalid lease agreement. The court ruled that a non-p...
The landlord sought to evict the tenant through a holdover proceeding, claiming the tenant was a licensee who refused to sign a new lease. The tenant argued a valid 99-year lease existed with ren...
To prevail in a holdover proceeding based on demolition under the Rent Stabilization Law, a landlord must demonstrate financial capacity to complete the project. While a letter of credit from a b...
The tenant challenged rent overcharges dating back to 2001, but the court ruled in favor of the landlord because claims are limited to four years and the tenant couldn't prove fraudulent deregula...
The court reversed a lower court decision and allowed a landlord to proceed with a lawsuit evicting a commercial tenant for failing to follow the terms of the lease. The building had both commerc...
The tenant appealed a court order granting the landlord's motion to evict for non-payment of rent. The Appellate Term affirmed the eviction order. The court ruled that the tenant's Article 81 gua...
A landlord sued a tenant to evict them for lease expiration. The tenant argued the apartment was rent-stabilized. The court ruled that one of the named landlords lacked legal standing to sue, but...
The court overturned a default judgment against a tenant who failed to respond to a lawsuit for unpaid rent. The court found that the tenant had a potentially meritorious defense because the leas...
The tenant's defenses and counterclaim regarding rent stabilization and rent overcharges were allowed to proceed in the lawsuit. The court also ruled that the tenant can bring their rent overchar...
The tenant sued the landlord for rent overcharges and improperly revoking a preferential rent. The landlord moved for partial summary judgment dismissing the claims. The court denied the landlord...
The tenant sued the landlord and lessee seeking a declaration that the apartment is rent-stabilized and that the tenant is entitled to re-occupy it after being displaced due to a fire. The landlo...
The tenant association and tenants sued the landlord for rent overcharges, fraudulent initial leases with inflated rents, and housing violations. The court previously granted summary judgment for...
Tenant claimed their rent-stabilized apartment was illegally deregulated and sought rent overcharges. The court agreed and awarded them overcharges for a four-year period. The court also allowed ...
Handwritten Opinion. ERAP case.
The tenant successfully brought a civil contempt motion against the landlord for failing to comply with a court order to fix violations. The court found the landlord in contempt and ordered a hea...
In this non-payment proceeding, the landlord applied for a default judgment against the tenant after the tenant failed to answer. The court denied the landlord's application without prejudice. Th...
The tenant defending a non-payment proceeding by claiming rent overcharge and requesting documents from the landlord to support her claim. The court allowed the defense and the discovery, reasoni...
Landlord sued tenant in holdover proceeding to recover a market-rate apartment. The court dismissed the case because the petition was served outside the window required by law. A chief clerk's me...
The court ruled that a tenant's apartment was not rent-stabilized because there was no evidence the building ever had six or more occupied residential units. To be rent-stabilized, a building nee...
In the Northern Triangle countries (El Salvador, Honduras, and Guatemala), gang violence, particularly against women, girls, and LGBTQ+ persons, results in gross violations of human rights and is...
People disagree about international law. To help them work through these disagreements, the discipline has developed a series of rules on the interpretation of its various sources—most notably,...
Recent documents in FLASH: The Fordham Law Archive of Scholarship and History