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LAS to Intervene on Behalf of Tenants in Frivolous Landlord Lobby Lawsuit

The Legal Aid Society, Legal Services NYC, and Selendy & Gay PLLC announced that a Federal judge has granted a motion to intervene on behalf of N.Y. Tenants and Neighbors (T&N) and Community Voices Heard (CVH) in two lawsuits – Building and Realty Institute Of Westchester and Putnam Counties, Inc., et al. v. State Of New York, et al. and G-Max Management, Inc., et al. v. State Of New York, et al. — brought by landlord groups in an attempt to dismantle New York’s long-standing rent stabilization laws which have existed since 1969 and the historic statewide housing reforms which were recently enacted into law last year.

The two lawsuits were filed in December 2019 and January 2020, respectively, in the U.S. District Court for the Southern District of New York by several New York City and Westchester County landlords and landlord associations. In March, petitioners filed motions to intervene in defense of the Housing Stability and Tenant Protection Act of 2019 (HSTPA) and successfully argued that T&N and CVH have the right to intervene as these organizations represent thousands of members who are rent-stabilized tenants and who stand to lose their homes if Plaintiffs in the lawsuits succeed.

In the court order, U.S. District Judge Kenneth M. Karas ruled that permitting intervention would not unduly delay the proceedings or prejudice the landlords, as reported by The Real Deal. He further determined that T&N and CVH have “a direct and substantial interest” in the outcome of the case and their “firsthand experience” would “undoubtedly contribute to full development of the underlying factual issues in the suit and to the just and equitable adjudication of the legal questions presented.”

“Landlords fought hard to make sure that we weren’t part of the case, arguing that our clients brought nothing to the table, and that their knowledge and understanding of the law shouldn’t be part of the case,” said Ellen Davison, a staff attorney with The Legal Aid Society’s Civil Law Reform Unit. “Now, when they talk about the harm the law does to tenants, the tenants can be there to explain why there was a need for the legislature to make the changes it did.”