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Articles 151 - 180 of 1523
Full-Text Articles in Entire DC Network
Asymmetry Of Representation In Poor People’S Courts, Tonya L. Brito, Daniela Campos Ugaz
Asymmetry Of Representation In Poor People’S Courts, Tonya L. Brito, Daniela Campos Ugaz
Fordham Law Review
This Essay examines the asymmetry of representation in poor people’s courts, specifically in child support enforcement cases involving the State. The asymmetry of representation is a common occurrence in various civil law fields, but it is notably prominent in family law, which has the highest number of unrepresented parties. As one of the authors has previously explained, we use “poor people’s courts” to refer to state civil courts that hear family, housing, administrative, and consumer cases. These courts present severe challenges to the civil justice system because they are characterized by a substantial volume of cases, socioeconomically disadvantaged litigants, and …
Should State Trial Courts Become Laboratories Of Upl Reform?, Bruce A. Green
Should State Trial Courts Become Laboratories Of Upl Reform?, Bruce A. Green
Fordham Law Review
There is a growing “access to justice” movement that is principally driven by lawyers and judges. It has multiple objectives. One such objective is to make state court proceedings fairer, more reliable, and more accessible. This is important because state courts have a significant impact on peoples’ lives. They are where family members lose custody of children, where property owners obtain permission to evict tenants, where creditors are empowered to repossess people’s cars or garnish their wages, and (in some jurisdictions) where judges send people to jail to compel them to pay judgments or fees that they cannot afford to …
Ladan Realty Corp. V. Kercy
All Decisions
In this holdover proceeding concerning a rent-stabilized premises, the landlord sought to recover possession based on the tenant's alleged non-primary residence. The landlord served a Notice of Non-Renewal and Termination of Tenancy, terminating the tenancy due to the tenant's purported absence from the premises. However, the court found the notice defective, as it contained speculative and generic allegations without sufficient detail or evidence to support the claim of non-primary residence. The court dismissed the proceeding, granting the tenant's motion, and denied the landlord's motion to vacate the ERAP stay, ruling in favor of the tenant. Key legal points include the …
Diversified Equities Llc V. Swint
Diversified Equities Llc V. Swint
All Decisions
Landlord initiated a holdover proceeding to evict tenant, claiming she was a mere licensee without succession rights after the death of the rent-stabilized tenant of record. Tenant argued she had succession rights as a long-term partner and caregiver of the deceased. The court found in favor of tenant, recognizing her family-like relationship and entitlement to the lease, thus dismissing the proceeding. Key legal points included the interpretation of family member succession rights under rent stabilization laws.
Madison Edj Llc V. Clerveaux
All Decisions
In this non-payment proceeding, the tenant successfully invoked the MDL §302-a defense due to ongoing rent-impairing violations, including leaks and pest issues, that persisted for over six months. The court found that the landlord did not adequately address these conditions, thereby barring rent collection from September 2022 to January 2024. The tenant's counterclaims for habitability breaches were recognized, leading to the case dismissal and the order for the landlord to rectify existing HPD violations within specified timeframes.
Decision In Art. 78 Proceeding - Wright, Thomas (2022-08-04)
Decision In Art. 78 Proceeding - Wright, Thomas (2022-08-04)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Elkady, Sherif (2023-05-02)
Decision In Art. 78 Proceeding - Elkady, Sherif (2023-05-02)
Decisions in Art. 78 Proceedings
No abstract provided.
Spotlight Alumni, Maloney Library, Fordham University School Of Law
Spotlight Alumni, Maloney Library, Fordham University School Of Law
Maloney Matters
No abstract provided.
109th Affordable Housing Llc V. Matthew Beck
109th Affordable Housing Llc V. Matthew Beck
All Decisions
In a non-payment proceeding against a month-to-month tenant, the court ruled that RPAPL 711(2) cannot be used for rent not paid after the end of any given month, as each month constitutes a separate term. This decision was based on RPAPL 711(2)'s requirement for a written agreement, RPL § 232-c's definition of month-to-month tenancies, and supporting case law. While the tenant raised other defenses, the court dismissed the case based on this interpretation of RPAPL 711(2).
Casa Pasiva Hdfc V. Machado
All Decisions
This is a non-payment case in which the tenant, who lives in a rent-stabilized HDFC apartment, owed over $40,000 in rent arrears. The landlord sought to evict the tenant, but the court granted the tenant's motion for a stay of eviction. The court found that the tenant had been paying his ongoing rent and that he had applied for rental assistance from the Department of Social Services. The court also found that the landlord would not be penalized by a further stay of the eviction. Key Legal Points: 1) A tenant's ongoing payment of rent can be a factor in …
Hamilton Heights Terrace Assoc. V. Aurora Espillat Vargas & Sabrina Espillat
Hamilton Heights Terrace Assoc. V. Aurora Espillat Vargas & Sabrina Espillat
All Decisions
Landlord's claim for non-payment and eviction dismissed due to insufficient notice to tenant regarding termination of subsidy and tenancy rights. Key Legal Points: VAWA notice not provided with termination or eviction notices, violating federal law. Notices lacked information about tenant's right to meet with manager, violating HUD regulations. Lack of proper predicate notice rendered landlord's case unviable.
New York City Hous. Auth. V. Barrett
New York City Hous. Auth. V. Barrett
All Decisions
A tenant of a NYCHA apartment plagued by severe roach, spider, and mice infestations won a temporary relocation, rent abatement, and violation order against the landlord (NYCHA). Citing the uninhabitable conditions and breach of habitability warranty, the court ruled for: tenant's relocation to eradicate the infestation, complete rent abatement until the apartment is habitable, immediate NYC Housing Maintenance Code violation repair orders, and reporting of the situation to the Consent Decree monitor overseeing ongoing improvements at NYCHA. This case highlights tenant rights to safe and healthy housing and the landlord's responsibility to maintain those conditions.
Right To Counsel For Tenants Facing Eviction: Justification, History, And Future, John Pollock
Right To Counsel For Tenants Facing Eviction: Justification, History, And Future, John Pollock
Fordham Urban Law Journal
No abstract provided.
Juror Privacy Via Anonymity, Jayne S. Ressler
Juror Privacy Via Anonymity, Jayne S. Ressler
Fordham Law Review
Anonymous juries delivered verdicts in the hush-money criminal trial of Donald J. Trump, as well as both of E. Jean Carroll’s defamation cases against him. After the defamation cases concluded, the judge cautioned the jurors against ever publicly revealing their identities. This was sound advice, as recent doxing, threats of violence, and online posts filled with hatred and vitriol illustrate the dangers facing American jurors. The scholarly literature analyzing anonymous juries focuses primarily on the propriety of their use in criminal cases to protect jurors from physical harm. Missing from the conversation, however, is an examination of anonymity’s role in …
Stop The Violence: A Taxonomy Of Measures To Abolish Evictions, Andrew Scherer
Stop The Violence: A Taxonomy Of Measures To Abolish Evictions, Andrew Scherer
Fordham Urban Law Journal
No abstract provided.
Foreword: With People Struggling And The Law Failing, What Are The Solutions To The Access To Justice Crisis In America?, David S. Udell
Foreword: With People Struggling And The Law Failing, What Are The Solutions To The Access To Justice Crisis In America?, David S. Udell
Fordham Urban Law Journal
No abstract provided.
Measures Of Justice: Researching And Evaluating Lay Legal Assistance Programs, Tanina Rostain, James Teufel
Measures Of Justice: Researching And Evaluating Lay Legal Assistance Programs, Tanina Rostain, James Teufel
Fordham Urban Law Journal
No abstract provided.
Maximizing Housing Stability And Minimizing Evictions: Evidence-Based Models That Keep Tenants In Their Homes And Out Of The Courts, Neil Steinkamp
Maximizing Housing Stability And Minimizing Evictions: Evidence-Based Models That Keep Tenants In Their Homes And Out Of The Courts, Neil Steinkamp
Fordham Urban Law Journal
No abstract provided.
A People-Centered Approach To Designing And Evaluating Community Justice Worker Programs In The United States, Matthew Burnett, Rebecca L. Sandefur
A People-Centered Approach To Designing And Evaluating Community Justice Worker Programs In The United States, Matthew Burnett, Rebecca L. Sandefur
Fordham Urban Law Journal
No abstract provided.
Robots Vs. Predators: Can Generative Artificial Intelligence Help To Address The Justice Gap In Consumer Debt Litigation?, Raymond H. Brescia
Robots Vs. Predators: Can Generative Artificial Intelligence Help To Address The Justice Gap In Consumer Debt Litigation?, Raymond H. Brescia
Fordham Urban Law Journal
No abstract provided.
Failed Dreams Of Transformative Legal Education: The (Non)-Americanization Of East Asian Lawyers, Jedidiah J. Kroncke
Failed Dreams Of Transformative Legal Education: The (Non)-Americanization Of East Asian Lawyers, Jedidiah J. Kroncke
Fordham International Law Journal
No abstract provided.
Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib
Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib
Faculty Scholarship
This Article focuses attention on the New York Court of Appeals, which is decidedly formalist about contract interpretation but decidedly contextualist about statutory interpretation. It explores some recent exemplary cases to show where the New York Court of Appeals tends to land in what turns out to be, for this court at least, two different battlefields in the law of interpretation. Finding that there is “interpretive divergence” between statutory and contract cases, the Article then reflects on the practice of divergence more generally, revisiting assumptions about why anyone might have thought harmonization was sensible in the first place.
Access To Civil Justice For Parents In The U.S. Child Welfare System, Caitlin Rubin
Access To Civil Justice For Parents In The U.S. Child Welfare System, Caitlin Rubin
Fordham Urban Law Journal Online
No abstract provided.
Modern Disaster Fragmentation, Abigail E. André
Modern Disaster Fragmentation, Abigail E. André
Fordham Law Review
Natural disasters test us. They exist at the intersection of nature, law, and society to show us where our systems are failing. Beyond physical damage, they magnify weaknesses in our socioeconomic and legal systems. In an attempt to leverage the lessons disasters bring, this Article analyzes the administrative institutions that govern disaster relief from the perspective of law, history, equity, and institutional design. This intersectional analysis uncovers a system fragmented by centuries of disorganization and infused with socioeconomic discrimination. Minor revisions cannot fix our federal approach to disaster relief: an institutional overhaul is required to achieve good governance.
55 Perry Place Llc V. Wolfgang Ban
55 Perry Place Llc V. Wolfgang Ban
All Decisions
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 …
Jeremy Props., Llc V. Franklin
Improving Lawyers & Lives: How Immigrant Justice Corps Built A Model For Quality Representation While Empowering Recent Law School And College Graduates And The Immigrant Communities Whom They Serve, Jojo Annobil, Elizabeth Gibson
Improving Lawyers & Lives: How Immigrant Justice Corps Built A Model For Quality Representation While Empowering Recent Law School And College Graduates And The Immigrant Communities Whom They Serve, Jojo Annobil, Elizabeth Gibson
Fordham Law Review
The late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit formed a study group in 2008 called the Study Group on Immigrant Representation to assess the scope of the problem and find a solution. The study group determined that the representation crisis was an issue “of both quality and quantity” and that the two most important variables for a successful outcome in a case were having counsel and not being detained. To address this need, the study group established two innovative programs: the New York Immigrant Family Unity Project (NYIFUP), the first public defender …
1614 Midwood Holdings Llc V. Tiliaeva
1614 Midwood Holdings Llc V. Tiliaeva
All Decisions
Granting motion for reargument and granting summary judgment in tenant’s favor, dismissing the case. Underlying motion for summary judgment argued that landlord was unable to maintain the proceeding because the tenant is rent stabilized without a current lease. Judge denied motion, finding that landlord’s acceptance of ERAP payment constituted a lease and/or agreement. Motion for reargument argued that the proceeding was commenced in November 2022 and landlord did not accept ERAP payment until December 2022, therefore at the time that the proceeding was commenced there was no lease and/or agreement in effect.