Brooklyn Landlord’s Long Legal Battle Continues

NEW YORK CITY — A Brooklyn landlord claims he’s been trapped in a frustrating legal ordeal for almost ten years, resulting in significant financial loss due to unpaid rent and mounting legal expenses, all while his tenants live in their apartments without compensating him directly.

Thomas Diana, who owns an eight-apartment building in Park Slope, explained that his struggle to evict a woman, who initially moved in as a caregiver for an elderly tenant, has been ongoing since 2014. After the elderly person passed away in 2016, the situation escalated into a complex legal dispute.

What ensued was nearly a decade of court battles over various issues, including rent responsibilities and the tenant’s rights under New York’s rent stabilization laws. “This situation has been going on for nine years. There’s no justice here,” Diana shared, expressing frustration over the continuous delays and frequent changes in the tenant’s legal representation.

Over the years, the tenant’s attorney has switched multiple times, which Diana describes as a “nine-year occupancy situation.” And while the core of the conflict revolves around the Rent Stabilization Act, both sides have contested almost every detail.

“My daughter’s college funds are gone,” Diana lamented, wearing an old T-shirt that humorously read “Stuck in 8 Years of Squashing.” He elaborated, “We’re borrowing money for college, and it seems this situation will just drag on. People think eviction cases are fast; in New York, they can stretch for years. This one has nearly hit a decade.”

The tenant’s attorney has a different take, asserting that Diana’s portrayal is misleading. At one point, the tenant even filed a lawsuit claiming that her apartment was wrongfully categorized outside the rent stabilization protections.

“Diana’s claims are an unfortunate attempt to evict our client from a rent-stabilized apartment, which won’t succeed,” stated Casey Guilfoyle, an attorney from Brooklyn Legal Services. Guilfoyle added that a judge previously ruled in favor of the tenant, indicating it was not appropriate for Diana to eliminate the apartment from rent stabilization. Currently, the court is working to establish the legal rent and any associated damages.

Brooklyn Legal Services also mentioned that the tenant has been holding her rent payments in escrow pending the final court decision.

In defense, Diana pointed out that the court had confirmed he had committed no fraud, asserting he followed the New York State Department of Housing guidance when the apartment was deregulated before the tenant’s lawsuit. “The judge said I made a mistake, not that I defrauded anyone,” he insisted.

Additionally, Diana questioned claims from Brooklyn Legal Services regarding the tenant’s financial situation, arguing that it seems unlikely she could have saved nearly $300,000 based on her reported work history.

He further criticized the tenant’s allegations, stating they were filled with contradictions, particularly concerning the initial tenant’s disability and whether there was an official lease.

“All claims against us were dismissed,” Diana stated, noting that inconsistencies in the tenant’s testimony led to this outcome. “When their arguments fell through, we established something new.”

While previously required to pay monthly rents and various fees, Diana mentioned those payments ceased several years back. Currently, he estimates unpaid rent totals between $275,000 and $325,000.

A sworn statement from the tenant revealed limited income, which Diana argues has unjustly legitimized her nonpayment to the court.

To cope with their financial difficulties, Diana has since created a GoFundMe page, stating the long-running legal battles have made it difficult to afford everyday expenses, including maintaining the building and covering educational costs for his children.

“If one out of eight apartments isn’t paying rent, it wipes out all profits,” he explained. “Judges consider cases month to month but overlook what a loss of $300,000 means for families.”

Diana also voiced concerns about systemic issues within the housing court, mentioning repeated inspections that have led to unnecessary violations, complicating the process further.

“They’ll penalize you for outdated paint and label you a slumlord while the tenant hasn’t paid rent for almost a decade,” he commented.

He believes his experience illustrates a significant imbalance within New York’s housing courts, allowing dishonest tenants to exploit protections indefinitely.

“They tell you to sell the property or accept buyouts while you’re owed hundreds of thousands,” Diana expressed. “That’s not justice; it feels like legalized theft.”

This past April, the case faced yet another delay, pushing it into its tenth year, leaving Diana feeling as if they’re caught in an endless loop. “This trial has become like a Twilight Zone marathon,” he remarked.