Court Directs Landlord Seeking Ejectment to Pursue Eviction in Housing Court

Landlord provided supportive low-income housing in a building it owned. Landlord sued in State Supreme Court to eject tenant, along with a money judgment for use and occupancy and damages. Landlord claimed that tenant caused a water overflow condition in the apartment, and also sought access to the unit. After finding the urgent access issue had been resolved, the court ruled that landlord should pursue ejectment or eviction in  Housing Court rather than in State Supreme Court. Housing court was the preferred forum, mainly because the pro se tenant would be entitled to counsel in Housing Court under the Provision of Legal Services in Eviction Proceedings law or the 2017 Universal Access to Counsel (UAC) law in Housing Court. Since tenant wouldn't be entitled to such legal counsel in Supreme Court, it would subvert the intent of the UAC. The court stayed the action in Supreme Court to allow landlord to seek relief in Housing Court. 

Friedman Residence LLC v. Denson: Index No. 159576/20, NYLJ No. 1643223310 (Sup. Ct. NY; 3/29/21; Goetz, J)