Rent Deposit Law Is Constitutional

Tenant sued the State of New York, claiming that certain portions of the RPAPL amended by the Rent Regulation Reform Act of 1997 were unconstitutional. The court ruled against tenant. Tenant appealed and lost. One part of the law, RPAPL Section 747-a, bars courts in New York City from delaying the issuance and execution of an eviction warrant after five days have elapsed following judgment in landlord's favor. Tenant claimed that the law violated the separation of powers rule of the constitution by preventing the court from considering the merits of the eviction case. But the court said that the law didn't take away the court's decision-making authority. The courts could still vacate the eviction warrant for good cause. Another provision, RPAPL 745(2), now requires tenant to deposit rent when a case is pending for more than 30 days or after tenant requests a second delay. The court found that this statute didn't violate the separation of powers doctrine either. And the change in the law hadn't resulted in wholesale evictions or injustice.

Lang v. Pataki: NYLJ, 5/1/00, p. 23, col. 2 (App. Div.1 Dept.; Nardelli, JP, Williams, Tom, Lerner, Rubin, JJ)