Introduction to Landlord and Tenant Litigation in New York Part 1: Getting a Case Started (Predicate Notices)

In this program, attorneys are introduced to landlord and tenant litigation in New York and taken step by step through the beginning stages of a case. Landlord and tenant cases are often won or lost before the case is even filed because landlord and tenant cases almost always begin with predicate notices, which are not amendable. A myriad of legal and factual issues must be examined, understood, and dealt with in order to bring a winnable case on behalf of a landlord. If you are representing tenants, this is the class where you will learn about some great defenses.

Learning Objectives:

1. Identify who is in a space
2. Review the characteristics of a variety of housing types, including: Free Market, Rent Regulated (like Rent Stabilization), Section 8 (and other benefits), Cooperatives, Lofts, Interim Multiple Dwellings, SRO's, and Co-Living units.
3. Abstract a lease to prepare for litigation
4. Develop a checklist of things you must check before filing (or planning to defend against) a landlord and tenant case
5. Recognize the differences between a summary proceeding and regular plenary lawsuits
6. Distinguish a nonpayment proceeding from a holdover proceeding and understand when each should be utilized
7. Draft a defensible predicate notice, including a rent demand, a notice to cure default, or a termination notice