Landlord Had No Standing to Challenge Tenant's Right to Legal Services
LVT Number: #33138
Landlord sued to evict tenant for nonpayment of rent. Tenant obtained legal representation with Manhattan Legal Services through the Universal Access to Counsel program, which provided legal services to income-eligible tenants in housing court proceedings. Landlord asked the court to disqualify tenant's attorneys, claiming that tenant couldn't be income-eligible given landlord's belief as to tenant's employment and income.
The court ruled against landlord, finding that it hadn't shown that it had standing to move to disqualify tenant's attorney through an implied right of action. Landlord wasn't a member of the class of persons for whose benefit and protection the statute was enacted. Giving landlord the right to second-guess legal services providers and seek their disqualification on statutory grounds didn't promote the legislative purpose to expand representation in Housing Court. And the statute provides for oversight by a designated coordinator. If landlord seeks to be heard on this issue, it may attend the annual public hearing that the OCJ coordinator is mandated to hold "each year to receive recommendations and feedback about the program.
55 Perry Place LLC v. Ban: Index No. 304361/23, NYLJ No. 1706689041 (Civ. Ct. NY; 12/18/23; Bacdayan, J)