PLG Tenant Beats Eviction, Sets Precedent For Thousands Of NYC Renters

PROSPECT LEFFERTS GARDENS, NY — A Prospect Lefferts Gardens tenant's legal victory over her landlord could change the game for tens of thousands of New York City tenants living in dangerous homes, advocates say.

Beverly Rivers's eviction case against One Lenox LLC — dismissed earlier this month — hinged on powerful but "rarely-used" Rent Impairing Violations protections that can absolve tenants from paying rent when serious violations go unfixed for at least six months.

"This victory sends a message to slumlords citywide that they can no longer get away with blatantly ignoring their legal obligations to maintain safe living conditions for tenants,” said Catherine Barreda, Director of Brooklyn Legal Services’ Tenant Rights Coalition.

With more than 130,000 open violations that could qualify New York City renters for such protections, Rivers' victory could have a monumental impact for low-income renters, advocates said.

Rivers' case notably circumvented a costly caveat to the renter protection, advocates said.

Tenants who legally challenge landlords on such violations must pay the court the rent they withheld. If they win, tenants get the money back. If they lose, it goes to the landlord.

Rivers said she would never have been able to raise the cash — let alone win it back —without help from community groups who organized a defense fund and provided legal services.

“Without this vital Defense Fund, my team would not be able to defend me during this traumatic process," Rivers, a Flatbush Tenant Coalition steering committee member, said in a statement.

"And without Right to Counsel, I would not have had a lawyer."

She sent her thanks to the Flatbush Tenant Coalition, Brooklyn Legal Services' Tenant Rights Coalition and UHAB, as well as the Robin Hood and the North Star Fund.

Rivers' case was first reported by City Limits, which chronicled dangerous conditions in her Lenox Road home that included rodents and broken kitchen appliances.

Patch reached out to One Lenox LLC's lawyers for comment.

“I think for the tenants it’s this idea that feels very natural—the landlords should have to forfeit 100 percent of the rent if they’re not making repairs to these extremely dangerous conditions,” Barreda told City Limits.

“It feels satisfying and feels right morally, but for the rent deposit requirement.”