RSA Must Produce Membership Records in Its Case Against Tenant Group

The Rent Stabilization Association (RSA), a landlord's advocacy organization, sued McKee and the Tenants Political Action Committee, Inc. (TPAC), claiming defamation. On May 2, 2018, McKee had attended a NY City Council Housing and Buildings Committee meeting and stated that in 2010 RSA had promised three Democratic state senators campaign fund payments if they voted against two TPAC bills under consideration. He further stated that each of the three accepted $150,000 from RSA. RSA claimed further defamation by McKee's statement to a reporter that RSA "bought off three Democratic senators."

During pretrial questioning, McKee and TPAC asked RSA to produce all documents and communications during the relevant time period of Nov. 4, 2008, to the present between RSA or its members and the state legislators relating to or concerning donations and contributions to the three state senators in question. They also sought documents sufficient to show the persons and entities that were RSA members during the relevant time period. 

When RSA failed to produce the requested documents, the defendants asked the court to compel them to do so. RSA objected, claiming that the document demands were vague, overbroad, irrelevant, unduly burdensome, designed solely to harass, and for a time period too large in scope.

The court ruled for McKee and TPAC and ordered RSA to produce the requested documents within 60 days. Defendants were entitled to the disclosure of evidence that may establish the truth of the entirety of McKee's allegedly defamatory statements. The period specified by defendants wasn't overly broad. Even though McKee stated that the promise was made in 2010, communications related to that promise may have been made after or beforehand.

Rent Stabilization Assn. of N.Y.C. v. McKee: Index No. 155789/2018, 2020 NY Slip Op 32416(U)(Sup. Ct. NY; 7/24/20; Jaffe, J)