NYCHA Must Perform Reasonable Inquiry to Avoid Overlapping Cases

Landlord NYCHA sued tenants in various buildings for nonpayment of rent. The court held a hearing to address the issue of overlapping rents sought in multiple proceedings involving different tenants. The petitions were not an individual mistake or an isolated event, although the petitions were signed by different managers and verified by different attorneys. In some cases, the multiple proceedings increased the risk of unlawful eviction. The court found that NYCHA's actions didn't meet a reasonable inquiry standard. A reasonable inquiry, such as a search of the tenant file at the management office, or review of the court records, would have disclosed that there were multiple cases being filed against some tenants. Despite the high volume of cases and NYCHA's "decades' old" software system, landlord must make a reasonable inquiry when commencing nonpayment proceedings. The court awarded rent credits to a number of tenants based on the overlapping proceedings.

NYCHA v. Various Tenants: 65 Misc.3d 1216(A), 2019 NY Slip Op 51660(U) (Civ. Ct. Bronx; 10/18/19; Sanchez, J)