Scott Mollen 'Good Cause Eviction Law' and Inverse Condemnation: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Lakr Kaal Rock LLC v. Paul" and "Matter of Application of NYC."
May 01, 2023 at 02:44 PM
18 minute read
Landlord-Tenant—City of Poughkeepsie's 'Good Cause Eviction Law' Held To Be Illegal—Preempted by New York State Law—A Court Must 'Protect The Rights Of Individuals, Ensure Equal Justice, Interpret and Apply the Law, and Be a Guardian of the Constitution' and Its Decisions Must Be 'Insulated' From Concerns About 'Public Debate And Outcry' and the Media—Courts Have Discretion With Respect to Motions To Intervene—Intervention Permitted—No Undue Delay or Prejudice
A tenant had moved to dismiss a nonpayment proceeding in the City Court. The tenant asserted that the case should be dismissed. In the alternative, she sought an order "reversing (landlord's) rental increase because it exceeds 5 percent and is violative of the City of Poughkeepsie's (City) recently enacted 'Good Cause Eviction Law (GCEL)….'"
The tenant lived in the subject apartment since 2017. Her prior lease, which expired April 30, 2022, had a monthly rent of $1,400.00. In January 2022, the landlord allegedly sent to the tenant, "a notice renewing the lease and threatened eviction if the new lease with new terms was not signed."
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