Green should look into Housing Court operation - Public Advocate, Mark Green - The Owner's Voice - Editorial

Public Advocate Mark Green was absolutely right when a few weeks ago he said he planned to investigate the administrative snafu resulting in the loss of files pertaining to a Housing Court eviction case. But this "error" is only the tip of the iceberg concerning Housing Court practices, and Green's probe should be widened.

The Housing Court is part of the Civil Court, and more than two years ago the Civil Court Administrative Judge, to settle a class action suit brought by the Rent Stabilization Association (RSA) in federal court, agreed to correct a number of ongoing Housing Court procedures. The changes aimed at making the court fairer to owners. They included agreements for the Housing Court to require rent deposits, to keep trial-proceeding tapes for at least two years, to provide spaces for excusable neglect in show-cause forms and to eliminate delays in issuing eviction warrants.

An effort was made to implement the agreed-on initiatives, but then it stopped, so that too often this court, for example, still does not mandate rent deposits and does not issue warrants of eviction within the prescribed 10-day period.

Moreover, just as before the settlement, the court still permits tenants to have multiple orders to show cause (often a delaying tactic). And this court unfairly responds to Warrants of Habitability by abating rent for minor infractions - dripping faucets and cracks in walls have been ostensible reasons for this action.

Certainly, Mr. Green should look into the question of why files are "lost." (The fact is they can be taken out by almost anyone and not put back.) But he also should ponder the belief by owners that Housing Court does not see itself as an institution created to enforce the law, but as a social agency favoring tenants. Certainly, we need social agencies to care for the homeless and the indigent, but the courts should not place these burdens on the backs of owners; they should be dealt with by all of society.

Housing Court should be a level playing field where justice under law is meted out to owners and tenants alike. Any other system is unfair, and should be changed.

(The BRAB, Ruben Klein President, is the largest owner-industry organization in the Bronx. BRAB represents more than a thousand owners of 2,000 buildings housing over 150,000 residents. It offers members a full range of services, including labor negotiations and representation, informative seminars and periodic newsletters. Over the years, BRAB has participated with other city organizations in bringing and defending all necessary lawsuits.)

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