Housing Court Favors Landlord Mogul in Veteran Eviction Case
Posted on October 18, 2017
"A U.S. veteran finds adversity in NY's Housing Court"
New York, NY. In a matter now filed with the Attorney General’s Tenant Harassment Prevention Task Force, the New York Court of Appeals upheld a lower court decision to charge a veteran for all legal fees incurred by his landlord in his attempts to evict him. Landlord, Larry Ginsberg, of Algin Management and owner of over thirty NY high-rise buildings, filed to evict a 40-year tenant on the basis of a claimed late payment of one rental check.
Tenant Gerard Sunnen, a Vietnam–era U.S. veteran (USAF-MC 71-73; USAF Reserves 73-82), states that this one check was duly sent, but not cashed. “For forty years the landlord happily took rent checks, Sunnen said, “ then one month, nothing except for a City Marshall eviction notice pasted on the door. While this may be a case of bias and discrimination, now known is that this is also a common tactic of certain NY landlords eager to flip apartments out of rent stabilization, flouting the rent stabilization guidelines of New York’s Department of Housing and Community Renewal (DHCR).“
.The matter landed in NY City’s Housing Court, where months of court appearances ballooned legal fees. Algin demanded some ,800 - reflecting the rates of the landlord’s lawyers, Belkin, Burden, Wenig and Goldman, LLP. - The matter went to Justice Anne Katz, head of NY’s Housing Court. Katz upheld the landlord’s demands.
Appealing the decision to the NY Supreme Court Appellate Term, First Department, the matter awaited final adjudication. In their decision, appellate justices Martin Shulman, Martin Schoenfeld, and Doris Ling-Cohan upheld Katz’s order.
“Tenants’ rights are sacrosanct in many cities around the world,” Sunnen added, “where community cohesion is protected. In these turbulent times breaking down New York’s cultural fabric via massive real estate upheavals, veterans, as all New Yorkers, should have housing shielded from powerful predatory interests, all in the context of a benevolent judicial system.“
200 East 33rd Street, 26J
New York, NY 10016
References: Index No. L&T 92116/02
NY County Clerk # 570869