Precedents in Housing Court

[Anna]

To understand why the landlord's attorney referred to precedents from Manhattan as being from a 'foreign country', you need a little background in the court system.

Structure of the court system can be defined as a pyramid, with the highest court at the top. It is more easily understood if you actually draw the pyramid yourself during the following.

Top: The Court of Appeals.
The Court of Appeals hears appeals from the decisions of the four Appellate Divisions.

Upper: The four Appellate Divisions of the Supreme Court.
There one in each of the State's four Judicial Departments, resolve appeals from judgments or orders of the superior courts of original jurisdiction in civil and criminal cases, and review civil appeals taken from the Appellate Terms and the County Courts acting as appellate courts. The First Department (AD1d) is made of New York County (Manhattan) and Bronx County. The Second Department (AD2d) is made of many counties including: Kings County (Brooklyn), Queens County and Richmond County (Staten Island). Cases that originate in Supreme Court are appealed directly to the ADs.

Lower: The 2 Appellate Terms of the Supreme Court and several County Courts.
The ATs hear appeals from lower civil and criminal cases originating in the Civil and Criminal Courts of the City of New York, including Housing, Small Claims, District, City, Town and Village Courts in nearby counties. The County Courts in the Third and Fourth Departments (although primarily trial courts), hear appeals from cases originating in the City, Town and Village Courts. AT1 hears appeals from Manhattan and Bronx HC; AT2 from Brooklyn, Queens and Staten Island HC.

Bottom: all lower civil and criminal courts, dozens of them.

A Housing Court case originating in Manhattan would be appealed to AT1, then AD1d, and finally the Court of Appeals. A Housing Court case originating in Brooklyn would be appealed to AT2, then AD2d, then the Court of Appeals.

Precedent
Precedent is a legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. Generally, decisions of higher courts (within a particular system of courts) are mandatory precedent on lower courts within that system-- hat is, the principle announced by a higher court must be followed in later cases.
Decisions of lower courts are not binding on higher courts, although from time to time a higher court will adopt the reasoning and conclusion of a lower court. Decisions by courts of the same level (i.e. two Housing Court judges, two AT divisions) ) are considered persuasive authority. That is, they should always be carefully considered by the later court but need not be followed.

Precedent in Housing Court cases.
A Housing Court judge usually must issue the same decision when faced with virtually the same facts and the same statutes as a case previously decided by the Appellate Term serving its county. If there is no such decision but there is one in another AT, s/he may choose to follow it or not. Both HC and AT must similarly follow decisions from the ADs, with a slight twist. If only one AD has made a decision on an issue, ALL ATs and HCs must follow that decision. If AD1d and AD2d have made different decisions on the same issue, AT1 and its HCs must follow AD1d; AT2 and all its HCs must follow AD2d, until such time as someone takes it to the Court of Appeals. The interpretation of the law can be (and has been) quite different in Manhattan and Brooklyn, almost like different countries...

So, a Brooklyn HC judge does not have to follow a Manhattan HC decision nor an AT1 decision, but both are considered persuasive. However, if there is an AD1d (Manhattan/Bronx) loft decision and no similar case was heard in AD2d, Brooklyn HC and AT2 must follow that decision; most loft decisions originated in Manhattan because it has about 10 times as many IMDs as B/Q/Bx combined. Conclusion: most 'Manhattan loft decisions' are either precedent (AD1d) or persuasive (AT1, HC) in Brooklyn HC because there are so few 'Brooklyn loft decisions'. http://www.tenant.net/.WWW/ubbgraphics/ultimatebb.php?ubb=get_topic;f=4;t=000319

[cfgraneto]

Once again Anna, thank you. Your information is invaluable. We (that is my roommates and I) have not retained a lawyer at present. Presently, the LL is in court with our LL or the primary lease holder. We are not mentioned in the original petition and we have been advised to let his case be resolved first. Is this the right course of action? I will contact my elected officials this week. I have been hesitant because our lease is non-binding and our LL didn't have the authority to enter into it in the first place.

[NYHawk]

I can't determine from your posts if your in a roommate or sublet situation. Do you share the same kitchen etc?? or has the apartment been cut in two, with you in one half and the prime tenant in the other?? If the latter I suggest searching this place for "illusory tenant" and consulting with a tenant attorney ASAP. Sounds like you have an unusal situation which might qualify as an illegal sublet situation. If this is a possible illegal sublet situation you should not wait for the landlord vs. prime tenant lawsuit to play out because you might be (forever) waiving very important tenancy rights. Good luck.

[Anna]

"We are not mentioned in the original petition and we have been advised to let his case be resolved first."

You described yourself and your roommates as subtenants. If the tenant (prime tenant, tenant of record, person w/lease with LL) does not live there as his primary residence, you are subtenants. If the tenant does live there, you are his roommates. You are all occupants and people in possession of, or with possessory rights to, the loft.

All occupants must be named in the Petition, only the tenant needs to be named in the Rent Demand or Termination Notice. LLs frequently name John and Jane Doe to do this. This is not legally adequate IF the LL knows or should know the other occupants names. If LL does not name subtenants/roommates in the Petition, the Warrant of Eviction is invalid against them. All occupants have a right to defend against any Petition for eviction whether they are named on the Petition or not.

You and your roommates should not let the LL and prime tenant resolve this lawsuit without you. You should answer the Petition, show up in court, file a motion to dismiss or otherwise... You need to consult an attorney or go to a tenant clinic ASAP with copies of all the papers in this lawsuit, your lease, prime's lease, etc.