Class Certified in Tenants' Heat and Hot Water Suit vs. City Housing Authority
Mary Eaton, a partner at Willkie Farr & Gallagher representing the tenants, said, "Forcing hundreds of thousands of NYCHA tenants to pursue individual breach of contract claims in Civil Court is not a just or reasonable approach, and we are pleased the Appellate court agreed."
January 22, 2020 at 05:08 PM
4 minute read
A state appeals court has revived a class action lawsuit filed by residents claiming the New York City Housing Authority failed to provide heat and hot water during a long, cold winter.
The Appellate Division, First Department, panel justices unanimously reversed New York County Supreme Court Judge Carol Edmead's dismissal of Diamond v. New York City Housing Authority. The panel in its decision Tuesday certified the class for the lawsuit and reinstated a claim for breach of the warranty of habitability.
The complaint was filed in April 2018 demanding that the agency issue rent abatements to residents who two years ago went without heat and hot water for weeks, specifically a cold spell that lasted from Dec. 27, 2017, to Jan. 16, 2018.
The panel—Justices Sallie Manzanet-Daniels, Ellen Gesmer, Jeffrey K. Oing, Peter H. Moulton, and Lizbeth Gonzalez—reversed the below ruling that state and federal law conflicted, thus requiring residents to litigate separately.
"Unless Congress manifestly and clearly intends to preempt the States' exercise of jurisdiction over matters relating to the welfare of their citizens under the Supremacy Clause of article VI of the Constitution, the States' police powers are not superseded by federal law," the justices said.
The justices also suggested that the housing authority had already acknowledged that the plaintiffs had a viable case.
"NYCHA conceded that 80% of its housing units experienced heat and/or hot water outages during the relevant period, which demonstrates that the problems that affected each class member were system-wide," the justices said. "Thus, much of the proof will likely concern NYCHA's overall deficiencies, rather than the breakdown of individual heating systems in individual buildings."
The housing authority was represented by Miriam Skolnik of Herzfeld & Rubin. A spokesperson for NYCHA noted the appellate division did find some agreement with the authority.
"NYCHA will abide by the decision of the Appellate Division First Department that affirmed the lower court's ruling dismissing plaintiffs' claim for injunctive relief but reinstated plaintiffs' claim for breach of warranty of habitability and certified a class with respect to this issue," the spokesperson said. "We will now address these claims in the lower court."
The plaintiffs' counsel welcomed the news.
"Forcing hundreds of thousands of NYCHA tenants to pursue individual breach of contract claims in Civil Court is not a just or reasonable approach, and we are pleased the Appellate court agreed," Mary Eaton, a partner at Willkie Farr & Gallagher, said in a news release Wednesday. "It is time for NYCHA to pay for its failure to abide by its legal obligations to provide adequate heat and hot water to its tenants."
Eaton, Wesley Powell and Shaimaa Hussein of Willkie, represent the plaintiffs along with Judith Goldiner and Lucy Newman of the Legal Aid Society.
"As we have maintained, NYCHA has a legal and moral obligation to ensure that heat and hot water systems are functioning properly, and when that promise is broken, there is a price that must be paid," Newman said in the joint news release with Eaton. "We welcome this decision and look forward to securing these rebates for our clients and other NYCHA tenants who suffered essential utility outages during the coldest time in recent memory."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRetired Judge Susan Cacace Elected Westchester DA in Win for Democrats
In Eric Adams Case and Other Corruption Matters, Prosecutors Seem Bent on Pushing Boundaries of Their Already Awesome Power
5 minute readEric Adams Trial Set for April as Defense Urges Dismissal of Bribery Count
Major Drug Companies Agree to Pay $49.1 Million to 50 States, Territories
3 minute readTrending Stories
- 1First California Zantac Jury Ends in Mistrial
- 2Democrats Give Up Circuit Court Picks for Trial Judges in Reported Deal with GOP
- 3Trump Taps Former Fla. Attorney General for AG
- 4Newsom Names Two Judges to Appellate Courts in San Francisco, Orange County
- 5Biden Has Few Ways to Protect His Environmental Legacy, Say Lawyers, Advocates
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250