Bronx Housing Court Judge Ava Alterman ruled on August 18, 2008 that the Office of the District Attorney could not represent a landlord in an eviction action against tenants who allegedly sold narcotics from the subject apartment. (The decision is Dennis Lane Apartments, Inc. v. Green, 864 N.Y.S.2d 247).
The judge found that undertaking this type of civil representation exceeded the scope of the authority provided to the DA by the legislature. Further, such representation raised the possibility of a conflict of interest.
“[T]he legislature surely recognized that the District Attorney cannot properly represent a private landlord, as an advocate, and also maintain the status of enforcement agency, prepared to bring a case against the landlord, if necessary, to protect the public interest.”
Bookmark/share a post