County Court Opens Part For Small Dwelling Litigation

From left:Judge Ellen Spodeck, Councilman Lew Fidler, Maisel, Weinstein, Judge Pfau, Judge Fisher.

State Assemblywoman and Chair of the Assembly Judiciary Committee Helene Weinstein, Assemblyman Alan Maisel, joined Chief Administrative Judge Ann Pfau and New York City Civil Court Administrative Judge Fern Fisher and Department of Housing Preservation and Development (HPD) Commissioner Shaun Donovan last Friday to announce the opening of a Small Building Part in Kings County Housing Court. The new court part is the first in the state devoted solely to handling litigation between landlords and tenants of small dwellings.

Unlike owners of large buildings with multiple units, small building owners often reside in their buildings and have interactive relationships with their tenants. Interpersonal conflicts are more prevalent, and may cause, contribute to, or worsen housing disputes. Owners of small buildings often have limited financial means, and may rely on rental income for their livelihoods as well as retention and upkeep of their properties. For these landlords, solving housing and rental problems is of particular urgency. The new court part was created to give special attention to these issues, and to meet the particular needs of these tenants and owners.

"The possibility of losing your home, as a tenant, or your primary source of income, as a landlord of a small building, can be both stressful and frightening. Litigants on both sides want, above all, to quickly settle their cases," said Judge Fisher. "The goal of the Small Building Part is to directly address the unique factors that lead to disputes between tenants and owners of one and two family dwellings. Proactively attending to the complexities of these cases will help expedite decisions and quickly resolve litigants' housing problems."

The Small Building Part will handle cases involving one and two family buildings owned by individuals located in Brooklyn zip codes 11203, 11210, 11229, 11234, 11235 and 11236. HPD staff will offer information on assistance and support services available to small building owners through educational seminars held on-site at the courthouse. Safe Horizon, a not-for-profit social services agency, will provide mediation services to litigants. The part will operate at night to meet the needs of working owners and tenants, although senior citizens, disabled individuals, and litigants represented by an attorney or with special needs may request to have their cases assigned to a day session.

Weinstein said, "Last session, I brought to Judge Pfau's attention legislation introduced and championed by Assemblyman Alan Maisel to address Housing Court problems involving two and three family dwellings. I am pleased the courts have now created a special housing part to address the distinct legal and financial problems faced by landlords and tenants in small dwellings. Today's announcement illustrates how cooperation between the Legislature and the Judiciary can result in the implementation of positive new programs."

"It is extremely gratifying to partner with the courts, HPD and Assemblywoman Weinstein to announce the opening of the Small Building Part. I am confident that this dedicated new court part will greatly improve both the handling of cases involving small buildings and outcomes for those who own and reside in these dwellings," Maisel said. "I want to thank my predecessor, former Assemblyman and Brooklyn Surrogate Court Judge Frank Seddio, who wrote the original bill that ultimately led to the development of this court part. I know that he is very proud of the progress we have made to help our constituents."

Judge Pfau said, "I want to thank Assemblywoman Weinstein, Assemblyman Maisel, Department of Housing Preservation and Development and Safe Horizon for the pivotal role they have played in the development of the Small Building Part. This innovative new court will offer the specialized judicial attention these cases require and have invaluable long-term benefits for those it serves."