Digital Commons Network^™

Targeting Speech: The Mis- And Unintended Use Of Sanctions, Joshua Andresen

Fordham International Law Journal

No abstract provided.

In Defense Of Pro Se Parents, Matthew F. Gillam

Fordham Law Review

Who gets to represent children in federal court? Adults have long been permitted to represent themselves in federal court under the plain meaning of 28 U.S.C. § 1654. And, many adults do just that every year. But what if the real party in interest is a minor child? Who, if anyone, can exercise that child’s right to proceed pro se?

This Note argues that the correct reading of 28 U.S.C. § 1654 would permit parents to litigate pro se in federal court where the real party in interest is their minor child. This is based on a straightforward, grammatically correct …

Forced Out?: Civil Legal Access And Housing Stability, Maya Buenaventura, Paul Heaton

Fordham Urban Law Journal

No abstract provided.

How The 2025 Invocation Of Alien Enemies Act Erodes Immigrants’ Rights, Deborah Lee

Fordham Urban Law Journal

No abstract provided.

Balancing The Scales: The Case For County-Determined Noneconomic Damages Caps In Medical Malpractice Claims, Matthew Lista

Fordham Urban Law Journal

No abstract provided.

Bringing Union Power Home: Unions And The Fight For Housing Justice, Jeremy Blasi, Zoe Tucker

Fordham Urban Law Journal

No abstract provided.

Replacing This Old House: Certifying And Regulating New Legal Services Providers, Bruce A. Green, M. Ellen Murphy

Faculty Scholarship

This Article comprehensively examines the decisions that state courts must make, and have made to date, when they certify and regulate new categories of legal services providers: those individuals other than lawyers who are authorized to provide discrete legal services that the laws governing the unauthorized practice of law (UPL) generally reserve to lawyers.

In certifying new categories of legal services providers, courts must make an array of interrelated decisions. These include decisions about the rules for educational and testing requirements, the scope of services that legal services providers may offer, the conditions under which they may provide services, and …

Novel Sex Work Anti-Discrimination Protections, Chi Adanna Mgbako, Christine Eldabh, Katie Falk, Emma Pennie

Faculty Scholarship

Sex workers throughout the world experience ubiquitous and acute discrimination in every facet of their lives due to deeprooted stigma. Societal fear and hatred of sex workers often lead to their exclusion from healthcare services, financial institutions, and accessible housing, as well as their marginalization by the carceral state, family law systems, media, and politicians. Between 2022 and 2024, the Australian jurisdictions of the Northern Territory, Queensland, and Victoria passed groundbreaking legislation codifying novel anti-discrimination protections for sex workers. These laws are the first in the world to explicitly protect sex workers against discrimination in accommodation, employment, government services, and …

Plausibly Illiberal: Sua Sponte Dismissals Of Pro Se Complaints Under The Prison Litigation Reform Act, Pierce Edlich

Fordham Law Review

Over a quarter of civil litigants file suit in federal court without an attorney. Most unrepresented litigants are in prison, and many of their cases raise complex, delicate constitutional questions. The number of unrepresented litigants in federal courts rose steadily until the 1990s, when Congress passed the Prison Litigation Reform Act (PLRA) of 1995 to limit the burden of frivolous inmate litigation on federal courts. Since 1996, the PLRA has defined courts’ procedural obligations for inmate and in forma pauperis (IFP) suits, often filed pro se. The PLRA requires that courts screen and dismiss sua sponte cases that are frivolous, …

1616 President St. Assoc., Llc V Brathwaite

All Decisions

The landlord sought arrears for a rent-stabilized unit, but the tenant successfully asserted a rent-impairing violation defense under MDL § 302-a. The court found the landlord barred from collecting rent for June 2020–May 2022 due to an uncorrected HPD violation, granting a 100% rent abatement and dismissing the petition. The tenant was awarded the deposited funds, and counterclaims remain for further proceedings.

383-17 Llc V. Kwabena Boadu

All Decisions

In this non-payment case, the tenant moved for summary judgment based on an overcharge claim, asserting that a two-attorney stipulation in a prior case violated the Rent Stabilization Code by setting the rent above what was allowable. The landlord argued that the stipulation, made post-HSTPA, was valid under 9 NYCRR 2520.13, which permits tenants to waive certain rights. The court rejected this argument, ruling that such stipulations, which violated the Rent Stabilization Code, were void as against public policy. Consequently, the landlord was found liable for the overcharge, although the exact overcharge amount was left unresolved pending further proceedings.

575 Herkimer St. Assoc., Llc V. Forbes

All Decisions

In a non-payment case involving eight tenants, the landlord's request for direct testimony by affidavit was granted. The court ordered that both sides submit their witnesses' direct testimony through affidavits, beginning with the landlord's counsel submitting direct testimony by November 15, 2024. Objections and revisions by the tenants' counsel must follow. The court held that this procedure, while objected to by the tenants, was in line with evolving court practices to expedite proceedings and did not violate the tenants' right to a fair trial. This order aims to streamline the process while maintaining the integrity of the trial.

Sanford Assoc. Holdings Llc V. Shekhman

All Decisions

In this nonpayment proceeding, the landlord's claim was dismissed because the tenant did not have a rental agreement at the time the case was filed. The court found that the tenant's obligations only arose after signing a lease in April 2024, making the rent demand defective. As a result, the landlord failed to establish a cause of action, and the case was dismissed.

1334 B Llc V. Pritchard

All Decisions

In this holdover proceeding, the court sanctioned the landlord's attorneys for misconduct after they failed to conduct a reasonable inquiry into the tenant's status. The court found that the tenant had lived in the Rent Stabilized apartment for over 20 years and had received Section 8 benefits. The attorneys' actions, including false representations and inappropriate conduct, warranted financial penalties and a referral to the Grievance Committee.

Park View Bay Llc. V. Morales

All Decisions

In this non-payment proceeding, the court corrected a prior error by granting Tenant's motion to reargue Judge Hahn's previous denial of the respondent's motion to dismiss. Upon reargument, this court dismissed the case based on the undisputed fact that no lease was in effect when the non-payment proceeding began, referencing Fairfield Beach 9th, LLC v. Shepard-Neely. Tenant Respondent argued that the petitioner sought rent for a period after the rent-stabilized lease had expired. While some First Department courts have indicated that a non-payment case could be maintained despite the absence of a lease at the time of commencement, Judge Tovar …

Jpmorgan Chase Bank, National Association V. Carrasquillo

All Decisions

In this post-foreclosure holdover proceeding, the court found the predicate notice defective due to the petitioner's failure to comply with the required 90-day notice under the Protection Tenants at Foreclosure Act (PTFA). The petitioner issued a conflicting notice that created ambiguity by presenting two timelines and then filed for eviction within two weeks, violating the notice's provisions. As a result, the court dismissed the case without prejudice, emphasizing that a defective notice cannot be amended.

Mandalay Leasing L.P. V. Andall

All Decisions

In this nuisance holdover proceeding, the landlord's claims of the tenant's alleged violent behavior toward staff were insufficient to establish a pattern of nuisance. The court found that the incidents described lacked the necessary specificity and did not demonstrate a sustained risk or significant harm, leading to the dismissal of the petition.

Ethical Guardrails To Unbounded Procedure, Seth Katsuya Endo

Fordham Law Review

Civil lawsuits in federal courts—especially class actions and multidistrict litigation (MDL)—can be messy and complicated, calling for pragmatic interventions that lie beyond what is explicitly addressed by the existing rules. And flexibility is part of the genius of the Federal Rules of Civil Procedure. On the other hand, unbounded discretion and innovation in procedure can lead to illegitimate exercises of power, bias, democratic nonaccountability, and other serious harms. But the choice is not between providing individual courts with nearly limitless authority to experiment with procedure or having a set of rigid rules. Instead, there is a third path: district judges …

Consulting Ss, Inc. V. Faison

All Decisions

AT2 consolidated three appeals by the same landlord, who sought to evict tenants from a basement apartment and two SRO units, claiming the building was a two-family dwelling and not rent-stabilized. Each tenant argued the building had seven residential units—one apartment and six SROs—making it subject to rent stabilization. The lower court agreed with the tenants, granting summary judgment due to the landlord's failure to serve required statutory termination notices. The Appellate Term affirmed, ruling that the building’s rent stabilization status depends on the units’ function as residences, regardless of their legality under a certificate of occupancy.

Consulting Ss, Inc. V. Gorham

All Decisions

AT2 consolidated three appeals by the same landlord, who sought to evict tenants from a basement apartment and two SRO units, claiming the building was a two-family dwelling and not rent-stabilized. Each tenant argued the building had seven residential units—one apartment and six SROs—making it subject to rent stabilization. The lower court agreed with the tenants, granting summary judgment due to the landlord's failure to serve required statutory termination notices. The Appellate Term affirmed, ruling that the building’s rent stabilization status depends on the units’ function as residences, regardless of their legality under a certificate of occupancy.

Consulting Ss, Inc. V. Mckellar

All Decisions

AT2 consolidated three appeals by the same landlord, who sought to evict tenants from a basement apartment and two SRO units, claiming the building was a two-family dwelling and not rent-stabilized. Each tenant argued the building had seven residential units—one apartment and six SROs—making it subject to rent stabilization. The lower court agreed with the tenants, granting summary judgment due to the landlord's failure to serve required statutory termination notices. The Appellate Term affirmed, ruling that the building’s rent stabilization status depends on the units’ function as residences, regardless of their legality under a certificate of occupancy.

Hull Unique Equities Llc V. Boone

All Decisions

The landlord, Hull Unique Equities LLC, initiated a holdover proceeding against the tenant, Tyiesha Boone, seeking to recover the premises located at 2350 Pacific Street, Apt 3, Brooklyn, NY 11233. The tenant responded by moving to dismiss the case on the grounds that the landlord had failed to comply with New York's Limited Liability Company Law §206(a) by not publishing its articles of organization within 120 days of its formation. The court granted the tenant's motion, dismissing the case without prejudice and finding that the landlord's failure to comply with the LLC Law was a fatal defect that could not …

178 E. 70th St. Llc V. Woodward

All Decisions

In this non-primary residence holdover case, the landlord sought to evict the tenant of record. The tenant's son asserted succession rights and ultimately prevailed after a 14-year legal battle. The court dismissed the eviction proceeding, recognizing the son's right to succeed to the tenancy. Subsequently, the son sought attorney's fees as the prevailing party. The court awarded $53,145 in attorney's fees and costs, including fees for the son's pro se work at a paralegal rate. This decision notably allows for attorney's fees to be awarded to a successful pro se litigant in a housing court case.

Ocean Properties Llc V. Sierra

All Decisions

The landlord initiated a holdover proceeding against the tenant, claiming that the tenant's license to occupy the apartment had terminated upon the death of the tenant of record. The tenant defended the proceeding by asserting that she was entitled to succeed to the tenancy pursuant to the Rent Stabilization Code. The court denied the landlord's motion for partial summary judgment, finding that the tenant's right to succeed to the tenancy was not extinguished by the terms of a prior stipulation and was protected by the Rent Stabilization Law and Code.

Administrative Appeal Decision - Quinn, Robert (2022-06-21)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Quinn, Robert (2023-03-14)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Azzolini, Stephan (2022-12-15)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Green, Yvette (2023-03-14)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Cohen, Gary (2023-03-14)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Barnes, Jimmy (2022-12-15)

Parole Administrative Appeal Decisions

No abstract provided.