Legal Services Group Can Bring Housing Violation Case

South Brooklyn Legal Services sued landlord in an HP proceeding brought on tenant's behalf. It asked the court to appoint a guardian for tenant for the court case and to order landlord to correct immediately hazardous housing violations. Landlord asked the court to dismiss the case. Landlord claimed that only tenant or a group of tenants could bring an HP proceeding. The court ruled against landlord. Legal Services sought appointment of the guardian at the same time it sought landlord's correction of the serious violations. The same guardian had already been appointed and had retained Legal Services on tenant's behalf in an eviction case started by landlord. Given the history between the parties, and the serious nature of the violations, Legal Services didn't have to wait until the guardian was appointed and hired in the HP case to seek correction of the violations.

Acosta v. Beka Realty, LLC: NYLJ, 10/3/05, p. 19, col. 3 (Civ. Ct. Kings; Marton, J)