Tenant Entitled to Universal Access Counsel

February 26, 2019

LVT Number: #29948

Landlord sued to evict rent-stabilized tenant, at the District Attorney's request, based on alleged use of the apartment for illegal trade and sale of controlled substances. Tenant was unable to obtain an attorney, but then landlord and tenant signed a settlement agreement in court where tenant agreed to move out. Tenant later obtained legal counsel and asked the court to vacate the settlement agreement. The court ruled for tenant. Tenant was entitled to counsel, but Universal Access Counsel (UAC) had refused to take tenant's case in error.

Landlord sued to evict rent-stabilized tenant, at the District Attorney's request, based on alleged use of the apartment for illegal trade and sale of controlled substances. Tenant was unable to obtain an attorney, but then landlord and tenant signed a settlement agreement in court where tenant agreed to move out. Tenant later obtained legal counsel and asked the court to vacate the settlement agreement. The court ruled for tenant. Tenant was entitled to counsel, but Universal Access Counsel (UAC) had refused to take tenant's case in error. There was no claim of ongoing drug activity at the apartment, and tenant was complying with an outpatient program for her drug addiction. The court vacated the settlement agreement, and the case was reopened.

2247 Webster Ave. HDFC v. Galarce: 2019 NY Slip Op 29007, NYLJ No. 1548666260 (Civ. Bt. Bronx; 1/1/19; Bardayan, J)

Topics

More like this