Case Type
Non-payment
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-304361-23
Petitioner
55 Perry Place LLC
Respondent
Wolfgang Ban
Judge
Bacdayan, Karen May
Decision/Order Date
2023-12-22
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The case involves a nonpayment proceeding initiated by the landlord against the tenant. The tenant, represented by Manhattan Legal Services (MLS) under the Universal Access to Counsel (UAC) program, moved to amend the answer and conduct discovery regarding defenses and a counterclaim of unlawful deregulation fraudulent overcharge. The landlord sought to disqualify MLS, alleging the tenant's ineligibility for free legal services due to income levels. However, the court found the landlord lacked standing to challenge MLS's qualification, as no implied right of action was demonstrated. This decision underscores the legislative intent behind the UAC program and the limitations on landlord intervention in tenant representation matters.
Recommended Citation
"55 Perry Place LLC v. Wolfgang Ban" (2023). All Decisions. 1492.
https://ir.lawnet.fordham.edu/housing_court_all/1492
