ROSENBLUM BIANCO & BYRNE, LLP

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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:

• Council of New York Cooperatives & Condominiums

• Window Replacement MCI: A Case Study

• Rent Stabilized Tenant Evicted After Cashing in on Airbnb - February 2015.pdf

• NYLJ March 11, 2015 - Landlords' Article 78 Against NYCHA Upheld - By Ben Bedell.pdf

• RSA Reporter - Section 8 Owners Hurt by Rent Reasonableness Determinations.pd

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Decisions & Case Law:

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Case Law:

• Case Law Regarding Nonpayment Against Deceased Tenant.pdf

•  Reasonableness Accomodations.pdf

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Succession Rights:

• 415 Realty v. Abel Campos- Occupant given succession rights after residing in the apartment for 2+ years, Landlord knew of her residency 

• 541 Union LLC  v . Rivera 46455/16 - Non-traditional family member granted right to succeed tenancy 

• James v. Been- Article 78 appeal denied - failure to establish residency prior to primary resident's death 

• Robo, L.L.C. v Alford- Judge Spears denied Tenant's motion for summary judgment in nonpayment proceeding against successor tenant where there was no lease. 

• Supreme Court - Appellate Division - 1st Dept NY - January 24, 2012 - Third Lenox Terrace Associates v. Cynthia Edwards, et al - SUCCESSION RIGHTS.pdf

• NYLJ March 4, 2015 - 1069 Bedford LLC v Montgomery - Index 53471-14 - Judge Marton found that the remaining occupant demonstrated succession rights.pdf

• NYLJ March 17, 2015 - 175 Realty Associates v Reynoso - Index 66058-14 - Judge Gonzalez dismissed nonpayment proceeding against successor tenant where there was no lease.pdf

• NYLJ March 25, 2015 - Infinity Corp. v Danko et al - Index 570642-13 - App Term 1st Division affirmed Decision of Judge Kraus-occupant succeeded as RS tenant based on relationship.pdf

• NYLJ March 25, 2015-24 BCH II HDFC v Lagoa-Index 41100-14-Judge Stanley dismissed Licensee HO-deceased tenant's son succeeded as tenant to HUD Section 8 even though not on annual recerts.pdf

• WSC Riverside Drive Owners LLC v Oliver Williams - Decision - February 10, 2015 - DECEASED TENANT'S PARTNER AND ROOMMATE SUCCEED TENANCY.pdf

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Rent Control:

• 560-568 Audubon Realty v. Rodriguez - Judge Stoller finds "reverse discount" to be unconscionable late fee - grounds to vacate nonpayment stip

• 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

• 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. 

• 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

• 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

• 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

• 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

• 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

• 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

• Citadel Estates LLC v NYCHA - Jan. 30, 2013.pdf

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Warrant of Habitability:

• River Park Residences L.P. v. Davis- tenant granted abatement in non-payment proceeding based upon health code violations. 

• 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

• GDA Realty Corp., Petitioner-Landlord v. Ramon Puello and Otto Puello, Respondents-Tenants, 71407-2014 .pdf

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Stipulation Errors/Attorney Authority:

• NYLJ March 11, 2015 - Fav 45 LLC v McBain - Index 5973210 - Judge Stoller found it was not against public policy or rent regulation to enforce 2 Atty Stip with error in rent calculation.pdf

• NYLJ March 4, 2015 - Afikoman LLC v Fitzgerald House Inc. - Index 25175111 - Judge Levy denies request to vacate Stipulation. Found amongst other things that the movant's former attorney had authority.pdf

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Eviction of a Terminated Superintendent:

• NYLJ February 3, 2015 - Appellate Term - 2nd Dept. - 329 Union Building Corp. v John LoGuidice, et al - Index 2013-840 KC.pdf

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Constructive Eviction:

• NYLJ March 11, 2015 - Thor 725 8th Avenue LLC v Goonetilleke, et al - Index 14 Civ 4968 - Opinion and Order of District Judge Paul Engelmayer dated March 3, 2015 - Constructive Eviction.pdf

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Tenant Rights to Attorneys' Fees:

• 2015 NY Slip Op 01482 - Graham Court Owner's Corp., Appellant v. Kyle Taylor, Respondent - No. 18 - Court of Appeals of New York - February 19, 2015.pdf

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Short Term Rental of Rooms:

• 2014 WL 7201736 - Supreme Court, New York County, New York. BROOKFORD, LLC, Plaintiff v. Noelle PENRAAT, Defendant - Dec. 19, 2014.pdf

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Pets:

• NYLJ March 4, 2015 - 665-675 Apt Corp. dba Hilltop Terrace v Verdeschi - Index 260913 - Judge Carbone dismisses Dog Holdover brought by Coop.pdf

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Lease Violations:

• Coliseum Tenants Corp v. Benmark- unauthorized alteration of property and use of property as AirBnB 

• Times Square Group, Inc. v. Yan Li Medicine, P.C. 98518/16- In motion for summary judgment, mover must provide sufficient evidence- mover failed to prove evidence that Landlord provided key to elevator

• NYLJ March 19, 2015-DMC v Bugdady-Index 84236-13-Nonprime against RC without a lease. Washing machine H-O also commenced. Judge Ressos denied-no proof of damage-no lease violation.pdf

• July 22, 2015 - New York City Housing Authority, Petitioner v. Wilfredo Morales, Sr. Respondent-Tenant, L&T 14410/14 L&T 14410/14 Civil Court, New York County, Housing Part N

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Nonmilitary Affidavits:

• NYLJ September02, 2015 - 229 West 113th Street, UHAB HDFC, Petitioner v. Mark Lamb, Respondent, 59150/2015, Civil Court, New York County, Housing Part

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Post-Eviction Rent Collection:

• NYLJ September 02, 2015 - 36 Main Realty Corp., Respondent v. Wand Law Office, PLLC, Appellant, 2013-2750 Q C, Appellate Term, 2nd, 11th & 13th Judicial Districts

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Rent Demand Defect/Amendments 

• 104-110 Grove Street HDFC v. Fulton- Respondent granted motion to dismiss due to Landlord's failure to provide clear, unambiguous Rent Demand 

• East 93rd Street Associates v. Cargill- Judge Baer Kuzniewski dismissed nonpayment case with improper Rent Demand, finding that Rent Demand can not be amended nunc pro tunc.

• EOM 106-15 217th Corp v. Severine 76840/16- Judge Nembhard found Rent Demand missing not reflecting a payment received 3 days prior to Demand to be fatally defective. 

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Proper Notice of Under Tenant/Occupant/Licensee

• 149th Partners L.P. v. Watts- finds that Landlord is not required to serve Occupant in non-primary holdover. 

• 170 West 85th Street Tenants Association v. Cruz- for a warrant of eviction to be effective against an occupant, occupant must be listed as John or Jane Doe.

• 1700 First Ave LLC v. Parsons-Novak - finds that Landlord is not required to serve Occupant in non-primary holdover

• JLNT Realty LLC v. Liautaud- Appellate Term, Second Department affirmed eviction of occupant and occupant's father without being named or served after Tenant died. 

• Katz Park Ave Group v. Olden- determined that if wife of primary tenant has independent rights as a tenant, the Landlord is required to serve the wife

• Rasch Excerpt- occupant not party to lease agreement need not be served with prescribed notices 

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Lease Renewal Effect on Judgments

• 757 Millers Owners v. Smith- Second Department Appellate authority held that if a lease renewal has been offered, Landlord must expressly re-serve judgment/warrant in pending litigation, otherwise lease renewal vitiates the termination notice

• Ochs v Gordon- Judge Fairgrieve dismissed non-payment proceeding based upon acceptance of rent beyond termination of lease, which effectively created a renewal for one year.  

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Non-Primary Residency

• Dexter 345, Inc. v. Hanlon- determined that occupant obtained tenancy rights of SRO after living in the apartment for 6 months, therefore Landlord must terminate tenancy to bring holdover proceeding against the previous named Tenant

• Thor 172 Fifth Ave LLC v. Francisco- determines relevant documents for discovery in non-primary residency proceeding 

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Nuisances

• Ocean Gate LP v. Coleman- Judge Chinea found that accidental fire started by tenant did not rise to the level of nuisance. 

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Eviction of Under Tenants

• Vargas v Sotelo- Determined that lessor cannot expressly name him/herself a Landlord for purposes of evicting his/her own untdrtenant- proceeding restored to calendar for settlement 

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Non-Ownership as a Defense

• Lewis v Jordan- Judge Nembhard found that the allegation that the Petitioner is not the owner may be properly interposed as a defense in a non-payment proceeding

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Williams Consent Decree

• Taylor v Shelton- Tenant moved to dismiss holdover proceeding because Petitioner failed to attach proof that it followed Williams Consent Decree 

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Ownership Transfer/Vacation of Premises

• Stratospheric Inc. v. Kabir- Determined fraudulent inducement argument unavailable without re-conveyance agreement/foreclosure, Respondents' motion to vacate stipulation to vacate premises denied.