Scott E. Mollen
Landlord Tenant—Joint and Several Liability Clause Held to be Unconscionable and Void Against Domestic Abuse Victim—RPL 227-c Did Not Abrogate Common Law Defenses to a Contract Action—Contract Valid On Its Face Could be Unconscionable “as Applied”—Wife Should Not Have to Pay the Rent for Her Abuser
A landlord commenced a non-payment proceeding pursuant to Real Property Actions and Proceedings Law (RPAPL) 711(2) to evict husband and wife tenants. The court had issued a default judgment against the husband. The wife’s mother had appeared in court, seeking to represent her daughter. Although the mother could not answer or otherwise represent her daughter, the court declined to enter a default judgment against the daughter. Rather, the court placed the mother under oath to explain why the daughter had failed to come to court.
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