I could hardly believe my eyes as I read a decision from the Appellate Division, First Department released two days ago on Tuesday, October 2, 2012. The decision in the case, 409-411 Sixth Street v. Mogi, 2012 NY Slip Op 06568 (1st Dept. 2012) ...
October 4, 2012Joshua C. Price
This author has written extensively about chronic non-payment proceedings and the quirks assoicated with such cases. A decision handed down yesterday by the Appellate Term, First Department demonstrates that a chronic non-payment proceeding will fail when a tenant shows that his/her failing to pay the rent ...
September 14, 2012Joshua C. Price
A type of lawsuit frequently started in the Housing Court is a chronic non-payment holdover. The purpose of this type of lawsuit is to evict a tenant for repeatedly failing to pay his/her rent on time. A tenant - who without justification - has failed to pay his/her rent often ...
September 12, 2012Joshua C. Price
An issue of contention in Housing Court for many years has been whether a landlord must name a spouse on a notice of non-renewal of lease ("Golub Notice") that serves as the predicate for a non-primary residence proceeding or owner use proceeding when that spouse is ...
August 29, 2012Joshua C. Price
One of the more interesting issues presented by the Roberts case is that where a landlord has incorrectly deregulated several apartments in a building that the landlord will only suffer the consequences of that error when a tenant stands up for his/her rights. In other words, ...
August 20, 2012Joshua C. Price
There is a concept in the world of landlord-tenant law called "fair market use and occupancy". What does this mean? When a landlord and a tenant are embroiled in litigation a court will often order (or the parties may agree) that the tenant will pay the ...
August 4, 2012Joshua C. Price
Landlord-tenant proceedings are often settled with written stipulations of settlement. Those written stipulations of settlement will often contain a general release. A general release is a clause intended to have each party waive all of its claims and potential claims against the other from the inception of the relationship (often ...
July 23, 2012Joshua C. Price