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Important Recent Developments in Housing Court Litigation
*click on any of the links below to open full case history & decision*
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Articles:
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Decisions & Case Law:
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Case Law:
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Succession Rights:
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Rent Control:
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560-568 Audubon Realty v. Rodriguez - Judge Stoller finds "reverse discount" to be unconscionable late fee - grounds to vacate nonpayment stip
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567 w 184th L.L.C. v. Martinez, L&T - multiple tenants granted summary judgment finding apartments eligible for rent stabilization after 6th unit added to building
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Matter of Park v. New York State Div. of Hous. & Community Renewal, 101163/14 - Appellate Devision affirms DHCR's decision that Petitioner's FMRA is time barred.
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Meleck Shalom LLC v. Valentine, 55327/2017- The court found that an illegal cellar apartment counts as a 6th apartment for purposes of rent stabilization regulations
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NYLJ March 19, 2015-Sirico v Rodriguez-90337-13-Apt not regulated as premises contained less than 6 units. Judge dismissed case with prej finding tenant was RC-took occupancy in 1968.pdf
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June 30, 2015 - Jacob Marion, LLC, Petitioner, v. "John Doe" et al., Respondents. 86889/14 Civil Court of the City of New York, Kings County
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NYLJ July 16, 2015 - Plaza Residences LP, Petitioner v. Theresa Rawlerson, Respondent, L&T 55093/14 L&T 55093/14 Civil Court, Kings County, Housing Part A
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NYLJ September 26, 2014 - Appellate Term, 1st Dept - Henry Phipps Plaza South Associates L.P. v Judith Quijano, et al - Index 571049-12 - TERMINATING HUD SECTION 8 TENANCY BASED ON FRAUD.pdf
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NYLJ March 11, 2015 - 557-559 Wilson Ave Realty v Murdough, et al - Index 6663614 - Judge Ofshtein finds that tenant may challenge rent-regulatory status beyond 4 years...pdf
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Citadel Estates LLC v NYCHA - Jan. 30, 2013.pdf
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Warrant of Habitability:
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River Park Residences L.P. v. Davis- tenant granted abatement in non-payment proceeding based upon health code violations.
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NYLJ July 22, 2015 - St. Anns Apts, LLC, Petitioner v. Veronica Guerrero, Respondent, L & T 62747/14 L & T 62747/14 Civil Court, Bronx County, Housing Part C
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GDA Realty Corp., Petitioner-Landlord v. Ramon Puello and Otto Puello, Respondents-Tenants, 71407-2014 .pdf
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Stipulation Errors/Attorney Authority:
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Eviction of a Terminated Superintendent:
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Constructive Eviction:
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Tenant Rights to Attorneys' Fees:
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Short Term Rental of Rooms:
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Pets:
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Lease Violations:
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Nonmilitary Affidavits:
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Post-Eviction Rent Collection:
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Rent Demand Defect/Amendments
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Proper Notice of Under Tenant/Occupant/Licensee
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Lease Renewal Effect on Judgments
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Non-Primary Residency
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Nuisances
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Eviction of Under Tenants
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Non-Ownership as a Defense
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Williams Consent Decree
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Ownership Transfer/Vacation of Premises