Kings County Housing Court Bar Association discusses use of aliases in landlord-tenant cases

The Kings County Housing Court Bar Association held a meeting on Thursday, Sept. 5, where members focused on the growing issue of using aliases in landlord-tenant cases over Zoom. 

Michael Rosenthal, president of the association, led the meeting alongside officer Jeffrey Saltiel. The discussion was marked by concerns over the rejection of warrants due to improperly named parties in eviction cases, particularly the use of “John Doe” and “Jane Doe.”

Hon. Tashanna Golden, a Kings County Housing Court judge, was the guest speaker and shared her experience handling cases involving unnamed defendants. 

“When the testimony comes out, it is clear that the petitioner knows this person, knows their name, or could easily figure out the name, and I have to dismiss the case or deny the inquest,” Judge Golden said.

Golden referenced the Civil Practice Law and Rules (CPLR), specifically 401 and 1024, which dictate that parties must be named. She noted that while CPLR 1024 allows for the use of “John Doe” or “Jane Doe” when a party is genuinely unknown, landlords and their attorneys must demonstrate due diligence in identifying tenants.

“You have to use due diligence in figuring out the person’s name. It can’t just be, ‘Oh, I know there are other people, I’m just going to add John and Jane Doe,'” Judge Golden said.

The judge advised against using these placeholders unless attorneys are certain that additional unnamed tenants were residing in the property. She urged lawyers to conduct thorough investigations, including checking mailboxes and speaking with neighbors, before filing.

The meeting also addressed the issue of delays in getting cases on the calendar, which has been a point of frustration for many attorneys.

“I don’t want to be the bad guy and dismiss your case when it took nine months to get on the calendar,” Golden said. She acknowledged the systemic delays but stressed that proper filings could help alleviate some of the backlog.

The topic of right to counsel, another source of tension in the housing court system, was also discussed. Attorneys expressed concerns about the lack of clear guidance from the Office of Court Administration (OCA) regarding the program. The association is drafting a letter to OCA seeking more direction.

The next Kings County Housing Court Bar Association meeting is scheduled for Oct. 9, moved to avoid Rosh Hashanah.