Case Delayed to Get Interpreter for Tenant

November 1, 1998

LVT Number: 12750

Landlord sued to evict tenant for nonpayment of rent. The case was delayed by the court so that it could get an interpreter for tenant. Landlord argued that for purposes of applying the rent deposit law while the case was pending, the delay should be counted against tenant. The court ruled against landlord. Counting the delay against tenant would violate the equal protection and due process clauses of the state constitution. Tenant was entitled to an interpreter and there was none available on the last day that the parties were in court.

Landlord sued to evict tenant for nonpayment of rent. The case was delayed by the court so that it could get an interpreter for tenant. Landlord argued that for purposes of applying the rent deposit law while the case was pending, the delay should be counted against tenant. The court ruled against landlord. Counting the delay against tenant would violate the equal protection and due process clauses of the state constitution. Tenant was entitled to an interpreter and there was none available on the last day that the parties were in court.

Yellen v. Baez: 676 NYS2d 724 (1997) (Civ. Ct. Richmond; Straniere, J)

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