A new initiative by the Mamdani administration to expedite housing court cases for tenants is drawing criticism for failing to address the substantial number of unpaid rent claims lodged by landlords. Critics argue that the "Housing Court Fast Track" plan, designed to accelerate cases involving vacate orders, hazardous conditions, and elevator outages, only addresses one side of the housing court's caseload, leaving landlords to navigate lengthy delays for eviction proceedings.
The city's plan aims to provide scheduled court appearances for city-initiated repair cases within five days of filing, a significant reduction from the current average wait time of 10 to 20 days. Approximately 10,000 to 15,000 such cases are filed annually by the Housing and Preservation Department.
However, landlord advocates point out that this fast-track system does not apply to the tens of thousands of cases landlords initiate due to unpaid rent. These cases constitute nearly 80% of all housing court proceedings in the city. Landlords file up to 120,000 unpaid rent cases each year, and these typically face initial appearance delays of up to 50 days.
"It’s almost like, you know, you’ve got an HOV lane for the tenants … and you’ve got the traffic backed up for miles for the owners," said Deborah Riegel, a landlord attorney. Property managers also voiced concerns, suggesting the administration's focus aligns with a broader anti-landlord agenda. Valentina Gojcaj, a property manager at Onesource, noted that some tenants owe substantial amounts in back rent, with cases lingering for years due to judicial backlogs and difficulties in obtaining eviction warrants.
One example cited involved a tenant who allegedly installed an illegal washing machine that caused damage and resulted in approximately $30,000 in unpaid rent, with the tenant remaining in the apartment. Another case highlighted a tenant owing over $71,000 in back rent since 2022, with eviction proceedings stalled for months while seeking a warrant. Some landlords report tenants leaving units owing over $100,000 in unpaid rent, with little recourse.
Landlords and property owners groups contend that these financial burdens, even from a single tenant not paying rent for a few months, can severely impact building finances. The backlog in housing court reportedly worsened during the COVID-19 pandemic when landlords were temporarily barred from filing eviction notices until January 2022, extending average appearance wait times from months to over a year for non-emergency cases. Ann Korchak, president of the Small Property Owners of New York, stated that housing court delays were significant even before the pandemic, but the current situation is considerably worse. She added that the city already possesses tools to address negligent landlords, and the new program could further impede rent collection for property owners.