LSNYC, Legal Aid Society Petition to Intervene Against Landlords’ Lawsuit Attacking New York City Housing Courts  

New York, NY (May 13, 2024) – Legal Services NYC and The Legal Aid Society filed a motion to intervene on behalf of Make the Road NY, Housing Court Answers, and the MinKwon Center for Community Action, to oppose a lawsuit brought by a group of landlords against the New York State Office of Court Administration (OCA) – which oversees the City’s Housing Courts – that seeks to expedite eviction cases and displace tenants more swiftly.

In addition to failing to articulate any specific injury sufficient enough to grant them standing, the landlords’ demands would deprive people of a basic opportunity to defend themselves before being evicted, including denying them time to obtain a court interpreter, get social services needed to participate in their case, or engage in discovery. The timelines that landlords are requesting are so short that it would completely undermine the City’s Right to Counsel program by denying people time to get a lawyer.

The motion asserts the landlord’s lawsuit must be denied because it infringes upon the inherent discretionary powers of the courts to control their own calendars in the interests of justice.

“As if tenants facing eviction were not vulnerable enough, this lawsuit goes a step further to strip tenants of even a modicum of justice in Housing Court in an attempt to steamroll them out onto the street,” said Christine Clarke, Chief of Litigation and Advocacy at Legal Services NYC. “Our lawyers work hard every day to make sure that people are able to defend themselves and assert their rights to remain in their homes and not be held hostage to the whims of unscrupulous or harassing landlords. This lawsuit is a transparent attempt to stop them and I hope that the court sees it for what it is—frivolous and ­meritless.”

“This lawsuit is yet another frivolous and meritless attempt by landlords to ramp up evictions and increase their profits at the expense of tenants,” said Ellen Davidson, staff attorney in the Civil Law Reform Unit at The Legal Aid Society. “It is imperative that the Court be allowed to continue using its discretion to adjourn or stay eviction proceedings in the interest of justice for tenants who need additional help with understanding the court process and obtaining required services, such as translation or protective services for adults, children, and incapacitated persons. We hope that the court will quickly reject this baseless lawsuit, and we look forward to interneving to ensure that tenants’ interests are fully represented.”

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Legal Services NYC fights poverty and seeks racial, social, and economic justice for low-income New Yorkers. For over 50 years, LSNYC has challenged systemic injustices that trap people in poverty and helped clients meet basic needs for housing, income and economic security, family and immigration stability, education, and health care. LSNYC fights every day to ensure New Yorkers and their families have access to the services, resources, and protections they need to survive. http://www.legalservicesnyc.org/ 

The Legal Aid Society exists for one simple yet powerful reason: to ensure that New Yorkers are not denied their right to equal justice because of poverty. For over 145 years, we have protected, defended, and advocated for those who have struggled in silence for far too long. Every day, in every borough, The Legal Aid Society changes the lives of our clients and helps improve our communities. https://www.legalaidnyc.org