Legal Services NYC- Bronx Wins Case Concerning D.A.’s Role in Eviction Proceeding

In a ruling sought by Legal Services NYC- Bronx to even the playing field between landlords and tenants,  a housing judge has held that the Bronx
District Attorney's Office lacked the authority to represent a private
landlord who sought to evict a tenant from his
apartment.

From the 8/27/08 New York Law Journal article: 

Bronx Housing Court Judge Ava P. Alterman ruled in Dennis Lane Apartments Inc. v. Green,
57537/07, that the "clear and unambiguous" language of §715 of the Real
Property Actions and Proceedings Law (RPAPL) precluded the district
attorney's office from serving as co-counsel to the landlord in a
summary eviction proceeding. The office, through its Narcotics Eviction
Unit, has the power to "identify apartments appropriate for RPAPL 715
eviction proceedings," and "may cooperate with and assist" the landlord
"in furtherance of the goals of the law enforcement agency and in the
public interest," Judge Alterman wrote.

[…]

However, "as a government attorney, [the district attorney] does not
work for the landlord (at taxpayer expense), nor should the public be
given that impression," she concluded.

Elizabeth Maris, director of the Housing Unit for Legal Services
NYC-Bronx, which represented the tenants, said she believes the case is
one of first impression in New York City. The ruling "evens the playing
field somewhat" between tenants, who often have no legal
representation, and landlords, who are effectively represented by two
"law firms" in drug holdover proceedings, Ms. Maris added.

[…]

Jonathan Levy, deputy director of the Housing Unit for Legal Services
NYC-Bronx, who served as the lead attorney for Mr. Green and Tesean,
said that for the past couple of decades, courts have treated district
attorneys as if they "had a right to appear and talk on the record" in
these types of eviction proceedings.

While district attorneys will retain the authority to monitor these
types of proceedings, Mr. Levy said, he expects they will be barred
from representing or assisting the landlord in prosecuting such cases
in the wake of Judge Alterman's decision.

Read the entire NYLJ article here (subscription required).

Read the full decision by clicking here (PDF).