Lawsuit to Stop Publication of City's Worst Landlords List Dismissed

LVT Number: #29973

Two landlords sued New York City's Public Advocate for damages and asked the court to stop the Advocate from publishing the city's watchlist of 100 worst landlords. The city had published the watchlist in 2015 and 2016 and listed landlords' names. Landlords claimed that the publication denied them due process and was defamatory.

Two landlords sued New York City's Public Advocate for damages and asked the court to stop the Advocate from publishing the city's watchlist of 100 worst landlords. The city had published the watchlist in 2015 and 2016 and listed landlords' names. Landlords claimed that the publication denied them due process and was defamatory.

The court ruled against landlords, who appealed and lost. Publication of the watchlist was within the Advocate's powers to monitor the operation of public information and service complaint programs of city agencies. With regard to due process, landlords didn't claim that the watchlist jeopardized their employment, career, prospects, or corporate existence. The watchlist also expressed the opinion of the Advocate, so landlords couldn't claim defamation. Landlords also failed to demonstrate that publication of the watchlist was based solely on "disinterested malevolence."

 

Hakim v. James: Index No. 8374/8375N-160687/16, 2019 NY Slip Op 00990 (App. Div. 1 Dept.; 2/7/19; Sweeny, JP, Tom, Webber, Kahn, Kern, JJ)