Virtual Trial Doesn't Deny Tenants Due Process

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in 2017. Other apartment occupants responded, claiming that they were the rightful tenants. They also claimed rent overcharge and that the monthly rent should be reduced from $2,100 to $1,450. After eight adjournments, including a six-month delay to permit pretrial questioning, the case was sent to a trial part in early March 2020 and the court scheduled a conference for March 28. That was cancelled due to the court lockdown on March 17, 2020, in response to the COVID pandemic. When the courts reopened several months later, a virtual pretrial conference was held in September 2020 and a trial was scheduled for Oct. 13. Both sides were represented by attorneys. This was adjourned to Nov. 24 and Dec. 2 based on one occupant's health issues.

The occupants then asked the court for an indefinite delay of the proceedings under CPLR Section 2201. They argued that the virtual trial scheduled by the court violated their due process rights because: (a) one occupant had a smart phone but no computer or home Internet access; (b) one occupant claimed language access problems based on difficulties understanding the court interpreter during a prior virtual conference; and (c) social distancing requirements and occupants' health conditions prevented meaningful trial preparation.

The court ruled against occupants but did permit a delay until January 2021 to proceed with trial. Given the ongoing pandemic, courts have concluded that it's preferable to conduct virtual trials than to delay proceedings indefinitely. This case was already three years old and was scheduled to begin trial before the COVID shutdown in March 2020. The occupants weren't long-term rent-stabilized tenants. In addition, although they had agreed in court to pay monthly use and occupancy, occupants had paid only three times in 2020. The court agreed to give occupants a short delay, until January 2021, to prepare for trial provided they paid use and occupancy again starting in December.

Wyona Apts. LLC v. Ramirez: Index No. LYT90147/17, 2020 NY Slip Op 20309 (Civ. Ct. Kings; 11/22/20; Wang, J)