Brooklyn Landlord in Long Legal Battle Over Unpaid Rent
NEW YORK CITY — A landlord from Brooklyn claims he has been caught in a lengthy legal struggle for nearly ten years, losing hundreds of thousands of dollars due to unpaid rent and escalating legal fees. He attributes the delays in the courts to the ongoing occupancy of his apartments by tenants who aren’t paying rent directly to him.
Thomas Diana, the owner of a small building with eight apartments in Park Slope, has been trying to evict a woman who initially moved in to care for an elderly disabled person. She started living there in 2014 after answering a Craigslist ad, but she passed away in 2016, according to court documents.
Since then, Diana has faced a decade of litigation, dealing with disputes over rent obligations and the tenant’s status under New York’s rent stabilization law. After the death, Diana aimed to reclaim unpaid rent and ownership of the apartment, which sparked a lengthy contention regarding the tenant’s rights.
“This entire situation has dragged on for nine years now, and I just don’t see any justice here,” Diana said. “Whenever it seems like we’re close to a resolution, something always comes up—a new delay, a fresh lawyer, or a different story.”
Diana noted that her tenants have switched legal representatives over eight times during this ongoing issue, which she labels a “nine-year occupancy situation.” Yet, the central conflict revolves around the Rent Stabilization Act, with both parties contesting numerous facets of the case.
“I’ve drained my daughter’s college funds,” Diana reflected, even wearing a worn-out T-shirt that said, “Stuck in 8 Years of Squatting.” She expressed that they are now borrowing money for college, stressing the ongoing stress of the situation. “People often think eviction processes are quick, like something off a TV show. But in New York, it can stretch for years—almost a decade in my case.”
The tenant’s attorney is firmly contesting Diana’s portrayal of the matter. At one point, the tenant herself even filed a suit, arguing that the apartment was wrongfully excluded from rent stabilization protections. “Diana’s distortion of the facts is a desperate maneuver to evict my client from her rent-stabilized apartment, and it will not succeed,” claimed Casey Guilfoyle, a lawyer with Brooklyn Legal Services.
Guilfoyle also mentioned that prior rulings indicated it would be unfair to remove the apartment from rent stabilization. The current issue before the court focuses on determining the legal rent and any damages owed. Additionally, it was noted that the tenant has funds held in escrow pending the final ruling.
Diana, however, maintains that the court found no fraud on her part, stating she adhered to regulations established by the New York State Department of Housing and Community Renewal before the tenants initiated legal proceedings. “The judge decided there was no fraud,” Diana said. “I simply made a mistake and accidentally destabilized the apartment, following the rules.”
On the other hand, Diana disputes claims that her tenant has accumulated significant savings in escrow, referring to correspondence that suggests the tenant’s work history doesn’t support such a vast amount. Diana alleges that the tenant’s lawsuit consists of contradictions—like claims about the original tenant’s disability status and arbitrary agreements to lease terms.
During the deposition, Diana’s attorney brought up several documents, including emails, photos, and rent records, claiming the allegations didn’t hold water. “All 18 claims were dismissed,” Diana stated. “And when they fell apart, they just crafted new allegations.”
Previously, court rules required the tenant to pay around $835 in monthly rent and fees, but Diana noted those payments ceased years ago. She estimates that the total unpaid rent has ballooned to between $275,000 and $325,000.
In a sworn statement, the tenant disclosed that she had limited income and hadn’t worked full-time for several years, which Diana suggested played a role in the court’s leniency about her nonpayment.
Now, Diana has initiated a GoFundMe page, motivated by the financial instability brought on by the prolonged litigation, which he claims limits their ability to cover essential expenses, including maintenance of the building and their children’s education costs.
“If one out of eight apartments isn’t paying rent, it drains the profits,” Diana remarked, asserting that judges may discuss cases on a month-to-month basis, but they fail to grasp the real implications of a $300,000 loss on families.
Diana also highlighted systemic issues in the judicial processes, claiming repetitive housing court inspections produce excessive violations, which further complicate matters and increase overall expenses. “They’ll cite you for old paint and label you a slumlord,” Diana stated. “Yet, here I am, facing a tenant who hasn’t paid rent in nearly a decade.”
Diana believes his case underscores a systemic imbalance within New York’s housing courts that enables some to exploit tenant protections indefinitely. “They tell you to sell the building, to accept a buyout, and to pay those who owe you hundreds of thousands—that’s not justice; it’s legalized theft,” he lamented.
The case has recently been postponed again, this time pushing it into the summer, essentially marking the 10th anniversary of this ongoing struggle. “It feels like I’m stuck in an endless marathon, like a Twilight Zone episode,” Diana expressed.
