Local Law 7: Expanding 'Housing Standards' in the Civil Court

On March 13, 2008, the Tenant Protection Act (also known as Local Law 7 of 2008; hereinafter Local Law 7) took effect, giving tenants yet another avenue to pursue “landlord harassment” claims. The issues and inconsistencies raised by Local Law 7 are subtle, and could easily be overlooked by even the most careful of practitioners.

Practitioners should familiarize themselves with these issues, which provide fertile ground for advocacy on behalf of building owners. This article highlights and discusses four such issues: (i) conflicting and seemingly contradictory statutory language regarding the degree of discretion to be exercised in determining whether an alleged violation rises to the level of a Class C violation—”may” or “shall” the court determine whether a Class C violation exists; (ii) vagueness as to jurisdictional issues—whether or not it is the courts or Housing Preservation and Development (HPD) that has the power to enforce the rights and remedies provided for in Local Law 7; (iii) the challenges inherent in HPD inspectors’ assessing violations under Local Law 7, violations which are not readily and objectively identifiable; and (iv) whether the housing court even has subject matter jurisdiction over such claims, which may not fall within the “housing standard” requisite of CCA §110(a).