101 Flashcards
Housing Court is a specialized New York State court of ___.
The Parts are divided between ______, where_____ takes place. The majority of cases never lease this stage as they are either ____, ____, or _____.
If not resolved, it moves to _____, which will attempt ______.
limited jurisdiction
resolution part
pre-trial settlement and negotiations take place
settled, defaulted, or resolved through pre-trial motion
trial part
to settle through negotiation and then hold a bench trial
Summary eviction cases in NYC Housing Court are special proceedings. CPLR 103(b). Special proceedings differ from typical civil actions in that they have different rules for___, ___, ___, ___, and ___. See CPLR 401-411 and RPAPL Art 7.
Subject matter jurisdiction is derived from CCA 110, which provides Housing Court authority to hold hearings on ____ to _____ and to _____. Procedural requirements are found at 22 NYCRR 208.42
pleading, answering, motion practice, discovery and trials
summary proceedings
recover possession
enforce state and local hosing codes
Non-payment: claims by landlord that ___.
Holdover: where landlord attempts to ___.
rent is owed by tenant
evict for reasons other than non-payment
Housing Part: majority of cases are tenants _____.
RPAPL Article 7A: allows _____, or ____ to ask the court to _____.
Narcotics…
Illegal Lockout: cases borught under RPAPL Sec. 721 by tenants claimed they were locked out illegally–no court permission.
suing to correct housing violations and receive provision of services
at least 1/3 of tenants
NYC Department of Housing Preservation and Development\
appoint an administrator to run the building
Non-payment Predicate Notice:
Rent demand
- 14 days but lease may require more
- month to month breakdown of arrears
- tenant must pay or prove payment by stated date or court
Predicate Notice
Holdover: breach of Tenancy
- Notice to Cure
- statement of breaching conduct (dates, places, action, times)
- citation to applicable lease provision or statute
- clear statement of action necessary to cure
- clear date by which conduct must be cured to stop proceedings
- Notice of Termination
- statement of conduct not cured
- statement that conduct was not cured
- effective date or termination
- tenant must vacate by date or termination or go to court
Holdover Nuisance: Predicate Notice?
Notice of termination
Predicate notice for holdover: nonprimary or owner use?
Golub Notice
Notice of Termination
Predicate Notice for Holdover: month to month expired lease
Notice of termination:
statement that tenant is month to month or that lease expired
date upon which lease terminates
30 days notice if tenancy is less than one year, 60 if more than one year but less than two, 90 days if more than two years
tenant: vacate or go to court
Predicate Notice: Holdover: Licensee or squatter
Notice to Quit
Petition and Notice of Petition:
Plead Prima Facie Case: ______.
Non-pay: _____
Holdover: ____
May incorporate and reference predicate notices for the above.
Must also plead: multiple dwelling status, rent regulatory status, presence of Section 8
Holdover must state court date and part; non pay must inform tenant to answer and part will be assigned.
LL ownership, tenancy, tenant’s possession, breach or expiration
month by month breakdown of rental arrears
clear and concise statement of basis for termination
Answer:
Holdover: if no written answer filed, tenant deemed to _____. If _____, general denial is deemed. Tenant’s time to answer is adjourned with a case until _____.
have answered orally at first appearence
no specific defenses raised
date certain is fixed by order or stipulation
until a date certain is fixed by order or stipulation
Answer: Nonpayment
T/F: Answer required?
Days?
Answer required, oral or by answering clerk’s questions; oral answers needn’t be served upon landlord.
ten days to answer nonpayment petition
Default
RPAPL 732 (3) empowers judges to ______.
consider equities even in context of default
Resolution PArt
Case remains here for all ___, ____, ____.
motion practice
discovery
settlement discussion
Trial Part
If party makes a motion ( other than ____) at this stage, trial judge has discretion to _____.
Judgment for landlord after trial includes issuance of warrant of eviction and _____ for at least five days, judge may lengthen it.
motion in limine
hear motion or return case to resolution part
stay of execution
Post-Judgment
After judgment, tenant may file order to show cause.
If signed by judge, return date of about ____, ____ if tenant has been evicted
OSC may modify an order or judgment providing more time for tenant to ___ or ____.
OSC may be to vacate and order of judgment; motion to renew or reargue can be made per CPLR
two weeks
two to three days
pay
vacate
Rent Stabilization Laws and DHCR’s Rent Stabilization Code govern rent reduction:
Tenants receive protections against increases and security of tenancy; newer apartments can become rent-stabilized when landlord accepts tax credits such as ___ or ___.
J-51
421-A
Landlords required to register rent with DCHR.
For tenants renewing their lease, they are increased by an amount determined by the ______, depending on whether the tenant chooses ______.
The landlord can also get an increase for improving the building or apartment such as ____ or _____.
rent guidelines board
a one year or two year lease
iai
mci
Rent stabilized
If landlord fails to send renewal lease, ____.
If landlord serves renewal lease late, tenant still gets ____. Upon late offer landlord can only collect rent increase ____.
If tenant fails to sign or return the landlord cannot deem the lease for a rent increase and CAN bring a _____.
- current lease continues
- sixty days to review
- prospectively
- failure to renew holdover
Fair Housing Laws
3.
- federal fair housing act
- new york state human rights law
- new york city human rights law
What do Fair Housing Laws Prohibit?
- refusing to rent or sell housing
- refusing to negotiate for housing
- making housing unavailable
- denying a dwelling
- setting different terms, conditions or privileges for sale or rental of dwelling
- providing different housing services or facilities
- falsely denying that housing is available for inspection, sale or rental
- for profit, persuading owners to sell or rent (blockbusting), and
- denying anyone access to or membership in a facility or service (such as multiple listing service) related to sale or rental of housing
Housing Court’s Limited Power to Award Money Judgments
2.
3.
Any damages on counterclaim. CCA 208
Judgment for rent due RPAPL 741(5)
Civil penalities
Adjournment Practice
special proceedings designed to be tried immediately; cases are set for trial on the date
we will need time to prepare case so adjournment practice is important
RPAPL 745(1) provides ____.
Further discretions lay with the discretion of the court. One makes an application for adjournment.
fourteen day adjournment as of right
Motion: written request that Court issue an order for a specific purpose ; if request not in writing, usually called _____.
Five Common Motions:
an application
Amend answer
Discovery/enforcement
Summary judgment
Motion to restore
- put it back on the calendar, mostly by landlord
Stay of eviction
In housing court, motion needs to be returnable on ____.
next court date
What are the rules for succession rights?
For rent stabilized tenants, it is possible for a person who is an occupant in an apartment leased to a family member to become a tenant (___) after the ___ , if the family member either ___, or since the beginning of the tenancy, or since the commencement of the relationship. If the person asserting succession rights is ___ or ___ then the period of co-occupancy is ___.
The minimum periods of occupancy are not considered interrupted by military duty, enrollment as a full-time student, court ordered relocation (not involving the lease or grounds for eviction), temporary relocation because of employment, hospitalization or other reasonable grounds as determined by NYS Homes and Community Renewal (HCR) on application.
It is also possible for a member of a ___to gain control of the apartment if they can show “emotional and financial commitment.” Courts may consider the following:
relationship longevity,
sharing household expenses,
intermingling finances,
engaging in family type activities or functions together,
formalizing legal obligations,
holding themselves publicly as family members.
succeed
primary tenant leaves
lived in the apartment for two years more prior to departure
disabled
at least 62 years of age
only one year.
“non-traditional” family
How do you actually claim succession rights?
Succession Rights can only be claimed when the ___. At that time, the tenant claiming succession should send a letter by certified mail to the landlord explaining that the primary tenant has vacated the apartment and that he/she would like to sign the next renewal lease.
If the primary tenant has died, the death certificate should also be included with the letter. The landlord may ask that you forward copies of documents proving claim.
When the current lease is up for renewal that is when you would sign a new lease.
If two family members would like to sign the renewal lease they can do so and both will be exempt from paying the vacancy allowance provided they meet the requirements for succession.
Prior to actual succession, current tenant of record can notify the owner of a family member(s) future possibility of succession rights by filling out HCR Form RA 23.5, “Notice to Owner of Family Members Residing With The Named Tenant In The Apartment Who May Be Entitled To Succession Rights/Protection From Eviction.”
primary tenant dies or vacates
Adjournment for all purposes:
anything, except trial, could happen upon return
The end result of a housing part proceeding could be:
an order to correct;
civil penalties
finding of contempt
FHEPS is a ____for families with children who receive ____and have been ___or are facing ___, who lost their housing due to a domestic violence situation, or who have lost their housing because of health or safety issues.
Formerly known as the Family Eviction Prevention Supplement (FEPS), the program has been expanded to include survivors of domestic violence and their children, as per under Social Services Law Sec. 459-a(1).
Additionally, administration of the program is transitioning from the State to the City. Potentially eligible families in the community can apply for FHEPS at an HRA Benefits Access Center or begin the process by submitting a special grant request on ACCESS HRA, if the family is already in receipt of Cash Assistance.
rent supplement
cash assistance
evicted
eviction
consent order
an order that was agreed to by both parties.
HPD
the Department of Housing Preservation and Development. the city agency responsible for code enforcement.
probationary stipulation
a stipulation which includes an agreement to do or not do something. It may require payments to be made on time or for you to stop doing something that the landlord finds disruptive.
substitute service
the papers are handed to an adult who lives or works in your home and mailed to you by certified and regular mail.
The doctrine of primary jurisdiction applies when a claim is originally cognizable in the courts but involves issues that fall within the _____.
Surreply (plural surreplies) (law) An additional reply to a motion filed after _____.
special competence of an administrative agency.
the motion has already been fully briefed.
Form #RA-23.5: Notice to Owner of Family Members Residing with the Named Tenant in the Apartment who may be Entitled to Succession Rights/Protection from Eviction
Tenants may use this form to notify owners of family members that reside in their apartment who may be entitled to ____ or ___. Owners may use this form to request their tenants to provide the names of persons other than the tenant who are residing in the apartment, whether such person is a “family member,” disabled, or a senior citizen, and if such persons are entitled to succession rights.
succession rights
protection from eviction
Form #RA-90: Tenant’s Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease
Tenants must use this form to file a ____ when the owner fails to ______ or provide a ______. Tenants may also file a lease complaint online through _____.
lease complaint
renew the lease
copy of the signed lease
Rent Connect
Succession:
“Disabled Person” is defined as a person who has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling, or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory
diagnostic techniques, and which _____.
substantially limit one or more of such person’s major life activities
order for use and occupancy
payment of rent during pendency of case
One Basis to Award Use and Occupancy
Upon ______ soley at _____ not counting _______
second adjournment
respondent’s request
initial adjournment to seek counsel
The second basis to award use and occupancy
Case has _____, counting only time chargeable to _____
run sixty days
respondent, not counting initial time to seek counsel
Can the court strike the answer for failure to pay use and occupancy?
No, the sole remedy for failure to pay use and occupancy is immediate trial.
Discovery Devices
CPLR 31 describes different types of discovery available in civil cases
In housing court, discovery typically takes the form of:
- Depositions, where attorney asks witnesses questions under oath
- Third-party subpoena , a subpoena requiring a non-party to produce documents before trial
-NOTE, this subpoena differs
from a trial subpoena, which
does not require leave of court
but is more limited
notice to produce (demands for documents)
interrogatories (written questions that must be answered under oath)
Discovery Devices
CPLR 31 describes different types of discovery available in civil cases
In housing court, discovery typically takes the form of:
- notice to produce (demands for documents)
- interrogatories (written questions that must be answered under oath)
- Depositions, where attorney asks witnesses questions under oath
- Third-party subpoena , a subpoena requiring a non-party to produce documents before trial
-NOTE, this subpoena differs
from a trial subpoena, which
does not require leave of court
but is more limited
Independent Investigations Public Records:
ACRIS - property records
HPD Online - housing code violations
DOB Building Info. Sys. (BIS) - Building code violations, work permits, certificates of occupancy
NYC Department of State Corporations Database
NYC Department of Finance - property tax records, tax exemptions
NYCEF
PACER - federal
Vacating Judgment Stipulations
Based upon any ground that would ____.
Where the stipulation was entered into ____ or it would be _______.
rend a contract invalid
inadvisably
inequitable to hold the parties to it
Where a tenant dies during the term of the lease and rent due has not been paid and the apartment is occupied by a person with a claim to possession, a proceeding may be commenced naming the occupants of the apartment seeking a possessory judgment only ____. Entry of such a judgment shall be without prejudice to the ____ of the ___, and any warrant issued shall not be effective as against the ___.
NY CLS RPAPL § 711
as against the estate
possessory claims
occupants
occupants
En caso de acoso, los inquilinos pueden tener fundamentos para emprender un pleito contra el
propietario en el Tribunal de la Vivienda. Antes de emprender cualquier procedimiento legal,
recomendamos a los inquilinos que consulten o contraten a un abogado. Consulte la página
anterior de este documento para obtener información sobre asistencia legal gratuita y de bajo
costo o comuníquese con su organización de vivienda local, junta comunitaria o funcionario electo.
La generación de situaciones peligrosas (como construcciones inseguras) o la falta de servicios
(ausencia de calefacción/agua caliente y inhabilitación de instalaciones sanitarias y no sustituirlas puntualmente) debe denunciarse mediante el 311.
Luego, los inquilinos pueden usar el informe de esta queja, y cualquier infracción posterior que se emita, para respaldar una acción ante el Tribunal de Vivienda o el HCD. Por otra parte, los inquilinos pueden también presentar sus quejas ante el Tenant Harassment Prevention Task Force (THPT, Grupo de tareas para la Prevención del acoso al inquilino) enviando un mensaje de correo electrónico a THPT@hpd.nyc.gov si el acoso adopta la forma de obras de
construcción o la carencia de servicios básicos.
El Grupo de Trabajo es una colaboración del HPD,el Departamento de Edificios de la Ciudad de Nueva York, la Oficina del Fiscal General del Estado de Nueva York, y Renovación Comunitaria y de Viviendas del Estado de Nueva York. Según sea
necesario, el THPT puede realizar inspecciones conjuntas, emitir infracciones y órdenes, e iniciar
acciones de cumplimiento adicionales.
RPAPL § 731 concerns :
commencement; notice of petition
§ 735. Manner of service; filing; when service complete
- Service of the notice of petition and petition shall be made by personally delivering them to the respondent; or by delivering to and leaving personally with a person of suitable age and discretion who resides or is employed at the property sought to be recovered, a copy of the notice of petition and petition, if upon reasonable application admittance can be obtained and such person found who will receive it; or if admittance cannot be obtained and such person found, by affixing a copy of the notice and petition upon a conspicuous part of the property sought to be recovered or placing a copy under the entrance door of such premises; and in addition, within one day after such delivering to such suitable person or such affixing or placement, by mailing to the respondent both by registered or certified mail and by regular first class mail,
(a) if a natural person, as follows: at the property sought to be recovered, and if such property is not the place of residence of such person and if the petitioner shall have written information of the residence address of such person, at the last residence address as to which the petitioner has such information, or if the petitioner shall have no such information, but shall have written information of the place of business or employment of such person, to the last business or employment address as to which the petitioner has such information; and
§ 735. Manner of service; filing; when service complete
- Service of the notice of petition and petition shall be made by personally delivering them to the respondent; or by delivering to and leaving personally with a person of suitable age and discretion who resides or is employed at the property sought to be recovered, a copy of the notice of petition and petition, if upon reasonable application admittance can be obtained and such person found who will receive it; or if admittance cannot be obtained and such person found, by affixing a copy of the notice and petition upon a conspicuous part of the property sought to be recovered or placing a copy under the entrance door of such premises; and in addition, within one day after such delivering to such suitable person or such affixing or placement, by mailing to the respondent both by registered or certified mail and by regular first class mail,
(a) if a natural person, as follows: at the property sought to be recovered, and if such property is not the place of residence of such person and if the petitioner shall have written information of the residence address of such person, at the last residence address as to which the petitioner has such information, or if the petitioner shall have no such information, but shall have written information of the place of business or employment of such person, to the last business or employment address as to which the petitioner has such information; and
§ 735. Manner of service; filing; when service complete
- Service of the notice of petition and petition shall be made by personally delivering them to the respondent; or by delivering to and leaving personally with a person of suitable age and discretion who resides or is employed at the property sought to be recovered, a copy of the notice of petition and petition, if upon reasonable application admittance can be obtained and such person found who will receive it; or if admittance cannot be obtained and such person found, by affixing a copy of the notice and petition upon a conspicuous part of the property sought to be recovered or placing a copy under the entrance door of such premises; and in addition, within one day after such delivering to such suitable person or such affixing or placement, by mailing to the respondent both by registered or certified mail and by regular first class mail,
(b) if a corporation, joint-stock or other unincorporated association, as follows: at the property sought to be recovered, and if the principal office or principal place of business of such corporation, joint stock or other unincorporated association is not located on the property sought to be recovered, and if the petitioner shall have written information of the principal office or principal place of business within the state, at the last place as to which petitioner has such information, or if the petitioner shall have no such information but shall have written information of any office or place of business within the state, to any such place as to which the petitioner has such information. Allegations as to such information as may affect the mailing address shall be set forth either in the petition, or in a separate affidavit and filed as part of the proof of service.
NY CLS RPAPL § 735
§ 741. Contents of petition
The petition shall be verified by the person authorized by _____ to maintain the proceeding; or by a legal representative, attorney or agent of such person pursuant to __. An attorney of such person may verify the petition on information and belief notwithstanding the fact that such person is in the ___where the attorney has his office.
section 721
CPLR 3020(d)
county
§ 741. Contents of petition
Every petition shall:
- State the interest of the petitioner in the premises from which removal is sought.
- State the respondent’s interest in the premises and his relationship to petitioner with regard thereto.
- Describe the premises from which removal is sought.
- State the facts upon which the special proceeding is based.
- State the relief sought. The relief may include a judgment for rent due, and for a period of occupancy during which no rent is due, for the fair value of use and occupancy of the premises if the notice of petition contains a notice that a demand for such a judgment has been made.
- In the city of Albany, where the premises from which removal is sought is subject to a local law requiring the registration of said premises as a condition of legal rental, allege proof of compliance with such local law.
RPL § 227-e. Landlord duty to ___.
mitigate damages
§ 228. Termination of tenancies at will or by sufferance, by notice
At the expiration of _____ after the service of such notice, the landlord may re-enter, maintain an action to recover possession, or proceed, in the manner prescribed by law, to remove the tenant, without further or other ____.
thirty days
notice to quit
§ 226-b. Right to sublease or assign
Unless a greater right to assign is conferred by lease, a tenant may not assign without the ____;
if owner unconditionally withholds ____, the owner shall
If the owner reasonably withholds ___, there shall be no assignment and no ____.
written consent of the owner
consent
release the tenant from the lease upon thirty days notice of the tenant
consent
assignment
release
Absent a statute, neither the landlord nor the tenant need give ____ in order to terminate a lease with a ______. “Where the duration of the term is fixed, there is no rule…requiring any notice to quit to be given.” A distinction used to be made between a monthly tenancy, which was for a ____ and ended ____, and a month-to-month tenancy, which was for an ____term and continued _____. Because of statute, the distinction is now meaningless, at least as far as notice to quit is concerned.
Palumbo v. Donalds, 194 Misc. 2d 675, 678, 754 N.Y.S.2d 856, 860-861, 2003 N.Y. Misc. LEXIS 46, *5-6
notice to quit
definite term
fixed term
without notice
indefinite
until terminated by notice
§ 226-c. Notice of rent increase or non-renewal of residential tenancy.
- (a) Whenever a landlord intends to offer to renew the tenancy…with a rent increase equal to or greater than ___ above the current rent, or the landlord does not ____ the tenancy, the landlord shall provide ____…. If the landlord fails to provide timely notice, the tenancy shall continue under the existing terms of the tenancy from the date on which the landlord gave actual written notice until the notice period has expired…
five percent
intend to renew
written notice
notice period has expired
The authority to preside over residential…landlord and tenant disputes is ser for in:
1.
2.
3.
4.
- New York City Civil Court Act
- Uniform City Court Act
- Uniform District Court Act
- Uniform Justice Court Act
Regular HEAP eligibility and benefits are based on:
the presence of a household member who is under ages ___ and ____ or older or _______
the primary heating source
income and household size
six
sixty
permanently disabled
Can I remain if I owe unpaid rent?
To receive payments for “rent arrears,” you must be able to stay in your apartment for at least 12 more months and have a lease or agreement in writing from your landlord.
A FHEPS payment of up to ____ may be issued….If a request is made for a payment greater than _____, it will be considered ___.
$20,000
$20,000
on case-by-case basis
not amend
