Court Rejects "Robo-Signed" Affidavits Seeking Default Judgments in Nonpayment Proceedings
LVT Number: #24728
Various landlords, represented by the same attorneys, sued to evict tenants for nonpayment of rent. In each case, the tenant failed to answer the petition and landlord sought default judgments by submission of affidavits to the court clerk that confirmed the amounts owed. The court consolidated 13 similar cases and ruled against landlords. In each case, the court found that the affidavit relating to supposed rent arrears was insufficient to support the entry of a default judgment.
In each of these cases, landlords had submitted sworn statements signed by an employee that stated merely that "I have personal knowledge of the tenant's rent records. Tenant owes $____________ through the petition dated ________________ in addition to subsequent rent." In each case, after the affidavit was rejected, landlords submitted additional sworn statements saying merely that: "(1) I am the agent for the landlord in the proceeding. (2) I have personal knowledge of the tenant's rent records. (3) The tenant currently owes $______________ through the petition in addition to subsequent rent. Wherefore your depondent prays that relief request herein be granted."
The court found that these affidavits were "robo-signed," meaning that they were identical to numerous other statements, contained no factual support, and therefore didn't appear to be signed by someone with actual personal knowledge. This practice was intolerable in housing court proceedings.
2132 Presidential Assets, LLC v. Carrasquillo: 2013 NY Slip Op 23080, 2013 WL 1150202 (Civ. Ct. Bronx; 3/20/13; Avery, J)