Tenant Entitled to Pretrial Questioning

August 31, 2009

LVT Number: #22159

Landlord of low-income housing sued to evict tenant for failing to complete the income recertification process required under tenant's lease. Tenant claimed that she had completed all the required paperwork. She asked the court for permission to conduct pretrial questioning so that landlord would produce all relevant documents in her file. The court ruled for tenant. These records are directly related to the case and not in tenant's possession. Tenant showed ample need for a carefully tailored document request.

Landlord of low-income housing sued to evict tenant for failing to complete the income recertification process required under tenant's lease. Tenant claimed that she had completed all the required paperwork. She asked the court for permission to conduct pretrial questioning so that landlord would produce all relevant documents in her file. The court ruled for tenant. These records are directly related to the case and not in tenant's possession. Tenant showed ample need for a carefully tailored document request.

Classon Village LP v. Lewis: NYLJ, 8/26/09, p. 28, col. 3 (Civ. Ct. Kings; Sikowitz, J)

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