KMWB Files Landmark Appeal to Bring Housing Court Delays to an End

A coalition of New York City property owners, represented by Kucker Marino Winiarsky & Bittens, LLP, has filed a pivotal appellate brief in the New York Supreme Court, Appellate Division – Second Department. The case, In the Matter of Argentine Leasing Limited Partnership et al. v. Office of Court Administration et al. (Docket No. 2025-03979), seeks to compel the Office of Court Administration and the Civil Court of the City of New York to follow statutory mandates for expedited eviction proceedings—critical to restoring fairness and stability to the rental market.

The appeal, led by partner Eric R. McAvey, Esq., underscores how entrenched Housing Court practices have undermined legislative intent. Violations of the Real Property Actions and Proceedings Law (RPAPL) have transformed so-called “summary proceedings” into protracted ordeals lasting months or years. Landlords face extended periods of nonpayment, while tenants are left in prolonged uncertainty, contributing to instability across New York City’s housing landscape.

These systemic delays have drawn widespread attention. Reports from outlets like City Journal, The Real Deal, and ABC7 New York highlight a backlog of over 150,000 cases and average resolution times of up to 15 months—conditions that have forced many small landlords into financial distress while reducing housing quality for tenants. The New York State Bar Association’s Housing Court Task Force has confirmed that these practices distort the rental market, drive up costs, and ultimately harm both sides of the landlord-tenant relationship.

A favorable decision from the Appellate Division could enforce RPAPL’s mandatory timelines, reduce case backlogs, and realign Housing Court with its statutory purpose. The implications extend beyond individual litigants, offering the potential for a healthier, more predictable housing market for millions of New Yorkers. By ensuring timely proceedings and reinforcing legislative safeguards, the appeal could reshape real estate law in New York City and restore much-needed stability to its rental sector.

Should you have any questions in respect of this appeal or wish to discuss its merits, please contact partners Nativ Winiarsky, Craig. P. Gambardella or Eric R. McAvey.

To read KMWB’s appellate brief, please follow the link here.

Media Contacts:

Valerie Shutack
Kucker Marino Winiarsky & Bittens, LLP
(212) 869-5030
vshutack@kuckermarino.com