Housing Court Can't Rule on Occupants' Claim That New Landlord Was Part of Mortgage Fraud Scheme

November 27, 2018

LVT Number: #29772

Landlord sued to evict three building occupants in separate housing court proceedings that were consolidated before the court. Landlord claimed that it bought the building from prior owner and that occupants' license agreements to live in the building had now been revoked. Occupants claimed that landlord was a "mortgage fraud strawbuyer who is part of a mortgage fraud team." The trial court ruled for landlord, finding that he proved he owned the building under a deed. He didn't have lease agreements with occupants and hadn't accepted rent from them.

Landlord sued to evict three building occupants in separate housing court proceedings that were consolidated before the court. Landlord claimed that it bought the building from prior owner and that occupants' license agreements to live in the building had now been revoked. Occupants claimed that landlord was a "mortgage fraud strawbuyer who is part of a mortgage fraud team." The trial court ruled for landlord, finding that he proved he owned the building under a deed. He didn't have lease agreements with occupants and hadn't accepted rent from them. The housing court didn't have the authority to rule on whether landlord was part of a mortgage fraud.

Naidu v. Wright: Index No. 67108/16, NYLJ No. 1538369471 (Civ. Ct. Kings; 9/17/18; Ortiz, J)

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