New York Law Watch
Landlord and Tenant and Housing
Housing disputes are grouped here, including records on possession, leases, rent regulation and the rights of landlords and tenants.
For Landlord and Tenant and Housing, Law Watch lists 43 indexable decisions dated March 5, 2026 to November 5, 2026 across 16 decision weeks.
55 decision records: 43 meet the substance floor; 12 records are held from search listings.
The records below come from 10 courts and include both primary and secondary area classifications.
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Recent decisions
- Rohlfing v 75 St. Nicholas Place, LLC2026 NY Slip Op 06542
The court modified the lower court’s order to join the new owner as a party defendant rather than substituting it for the former owner, because substitution would prejudice the plaintiffs’ ability to seek discovery regarding the former owner’s willful conduct. Carryover liability applies to the current owner for overcharges by prior owners, but substitution is improper where it hinders the tenant’s litigation against the original wrongdoer.
- Matter of 245 Sullivan Ave, LLC v New York State Div. of Hous. & Community Renewal2026 NY Slip Op 06432
The court affirmed the denial of the petition, finding that DHCR’s determination that the building was not substantially rehabilitated was rationally based and not arbitrary. The court also held that the agency did not improperly deviate from precedent and that the petitioner received due process.
- Ormonde Equities, LLC v Workplayce 2030 Broadway, LLC2026 NY Slip Op 51799[U]
The court affirmed summary judgment in favor of the landlord, holding that the commercial tenant’s obligation to pay rent is an independent covenant that cannot be relieved by allegations of landlord breach absent an express provision. The landlord’s written demand satisfied statutory requirements, and the increased amount sought in the petition was not improper.
- 227-231 E 59th Partners LLC v Leoni2026 NY Slip Op 51798[U]
The court reversed the lower court’s denial of a motion to renew, granting the motion to set the matter down for a traverse hearing to determine if the tenant was properly served. The court also held that the waiver provision in CPLR 3211(e) does not apply in summary proceedings under RPAPL 711.
- 207-209 W. 107th St., LLC v De La Cruz2026 NY Slip Op 26192
The Appellate Term affirmed the award of attorneys’ fees to tenants who prevailed on a succession defense, rejecting the argument that the Housing Stability and Tenant Protection Act of 2019 barred such counterclaims. The court held that RPAPL § 702 (1) limits what constitutes rent in a summary proceeding but does not eliminate the statutory right to counterclaim for attorneys’ fees under RPL § 234.
- Matter of Filipski v New York State Div. of Hous. & Community Renewal2026 NY Slip Op 06244
The Appellate Division affirmed the denial of the petition to annul the DHCR determination, finding that the landlord satisfied its burden of proving the legitimacy of individual apartment improvements (IAIs) through contractor affidavits and receipts. The court held that the tenant’s personal observations were insufficient to establish a fraudulent scheme to deregulate the apartment.
- Fifth Ave. 25G, LLC v Sambar2026 NY Slip Op 51760[U]
The court reversed the final judgments and remanded the matter for a traverse hearing because the tenant’s sworn nonconclusory denial of service created a factual issue regarding proper service. The court held that the tenant did not waive the personal jurisdiction defense by moving for summary judgment on the merits.
- Decker Assoc., LLC v Deutsch2026 NY Slip Op 51758[U]
The court affirmed the judgment of possession, holding that the statute of limitations did not begin to run until the Loft Board issued its final rent order in September 2024. The court also rejected the tenant’s laches defense because the delay in seeking rent increases was caused by the Loft Board rather than the landlord.